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Report No. 26

Chapter VIII

Summary Administration

83. Summary administration.-(1) When a petition is presented by or against a debtor, if the court is satisfied by affidavit or otherwise that the property of the debtor is not likely to exceed in value-

(a) in Presidency Towns, five thousand rupees or such other less amount as may be prescribed, and

(b) elsewhere, two thousand rupees, the court may make an order that the debtor's estate be administered in a summary manner, and thereupon the provisions of this Act shall be subject to the following modifications, namely:-

[Section 74, opening lines, P.A.] [Cf. section 106(1), opening lines, P.T.A.]

(i) on the admission of a petition by a debtor, the Official Assignee shall forthwith become the receiver of the properties of the debtor, with such of the powers conferrable on a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908), as the court may direct;

[Section 74(i), P.A. omitted] [Section 74(ii), P.A.]

(ii) no examination of the insolvent shall be held except on the application of a creditor or the Official Assignee;

[New] [Section 106(1)(b), P.T.A.] [Section 74(iii), P.A. omitted]

(iii) the property of the insolvent shall be realised with all reasonable dispatch and thereafter, where practicable, distributed in a single dividend;

[Section 74(iv), P.A.] [Cf. section 106(1)(c), P.T.A. As to "where", see P.T.A.]

(iv) the insolvent shall apply for his discharge within six months from the date of adjudication;

[Section 74(v), P.A.]

(v) there shall be no committee of inspection, but the Official Assignee may, with the sanction of the court, do all things which may be done by the Official Assignee with the permission of the committee of inspection;

[New] (Cf. section 129(ii), English Act.]

(vi) no appeal shall lie from any order of the court, except by leave of the appellate court; and

[New] [Cf. section 106(1)(a), P.T.A.]

(vii) such other modifications as may be prescribed with the view of saving expense and simplifying procedure.

[Section 74(vi), P.A.] [Cf. section 106(1)(d), P.T.A.]

(2) ............ The court may, at any time, if it thinks fit, revoke an order for the summary administration of an insolvent's estate, and thereafter the ordinary procedure provided for in this Act shall be followed in regard to the insolvent's estate.

[Section 74, proviso, P.A.] [Cf. section 106(2), P.T.A.]

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