Report No. 26
Information regarding property
70. Power to require information regarding insolvent's property.-(1) The court may, on the application of the Official Assignee or of any creditor who has proved his debt, at any time after an order of adjudication has been made, summon before it in the prescribed manner the insolvent, or any person known or suspected to have in his possession any property belonging to the insolvent or supposed to be indebted to the insolvent, or any person whom the court may deem capable of giving information respecting the insolvent or his dealings or property; and the court may require any such person to produce any documents in his custody or power relating to the insolvent or his dealings or property.
(2) Notwithstanding anything contained in rule 19 of Order 16 in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), a person residing at any place in the territories to which this Act extends may be summoned under sub-section (1).
[Section 59A(1), P.A.] [Cf. section 37(1), P.T.A.]
(3) If any person summoned under sub-section (1), after having been tendered a reasonable sum, refuses to come before the court at the time appointed, or refuses to produce any such document, having no lawful impediment made known to and allowed by the court , the court may, by warrant, cause him to be apprehended and brought up for examination.
[Section 59A(2), P.A.] [Cf. section 36(2), P.T.A.]
(4) The court may examine any person so brought before it concerning the insolvent, his dealings or property, and such person may be represented by a legal practitioner.
[Section 59A(3), P.A.] [Cf. section 36(3), P.T.A.]
(5) If the person summoned under sub-section (1) denies that he owes any money to the insolvent or that he is in possession of any property belonging to the insolvent, the court may, in its discretion, and subject to the provisions of the proviso to section 99, decide the dispute.
[New]
(6) If on his examination any such person admits, or if the court under sub-section (5) decides, that he is indebted to the insolvent, the court may, on the application of the Official Assignee order him to pay to the Official Assignee, at such time and in such manner as to the court may seem just, the amount in which he is indebted, or any part thereof, either in full discharge of the whole amount or not, as the court thinks fit, with or without costs of the examination.
[New] [Cf. section 36(4), P.T.A.]
(7) If on his examination any such person admits, or if the court under sub-section (5) decides, that he has in his possession any property belonging to the insolvent, the court may, on the application of the Official Assignee, order him to deliver to the Official Assignee that property, or any part thereof, at such time, in such manner and on such terms as to the court may seem just.
[New] [Cf. section 36(5), P.T.A.]
(8) Orders made under sub-sections (6) and (7) shall be executed in the same manner as decrees for the payment of money or for the delivery of property under the Code of Civil Procedure, 1908 (5 of 1908), respectively.
[New] [Cf. section 36(6), P.T.A.]
(9) Any person making any payment or delivery in pursuance of the order made under sub-section (6) or sub-section (7) shall, by such payment or delivery, be discharged from all liability whatsoever in respect of any such debt or property.
[New] [Cf. section 36(7), P.T.A.]