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Report No. 26

25. Power to arrest after adjudication.-At any time after an order of adjudication has been made, the court either of its own initiation or on the application of any creditor or the Official Assignee may, if it has reason to believe-

(a) that the insolvent has absconded or is about to abscond with a view to avoiding examination in respect of his affairs or otherwise avoiding, delaying or embarrassing proceedings in insolvency against him, or

(b) that the insolvent has departed or is about to depart from the local limits of its jurisdiction, with a view to avoiding any obligation which has been or might be imposed on him by or under this Act, or

(c) that the insolvent has removed or is about to remove his property with a view to preventing or delaying possession being taken of it by the Official Assignee, or that he has concealed or is about to conceal or has destroyed or is about to destroy any of his property or any books, documents or writings which might be of use to his creditors in the course of the insolvency, order a warrant to issue for his arrest, and on his appearing or being brought before it, may, if satisfied about the facts mentioned in clause (a), (b) or (c), order his release on such terms as to security as may be reasonable or necessary, or, if such security is not furnished, direct that he shall be detained in the civil prison for a period which may extend to three months.

[Section 32, P.A.][Cf. section 34(1), P.T.A.]







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