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Petition by Creditor to Adjudge Debtor Insolvent

Document Cited in Related
Vincent
Updated atMarch 2010

In the Court of the District Judge of ……………… at ……………… Insolvency Case No. ……………… ex parte Vithal Kadam the creditor

In re: Chirag Desai Name and address of the debtor

In the matter of the adjudication for insolvency of the debtor under s. 13(2) of the Provincial Insolvency Act

Most Respectfully Sheweth:

  1. That the above-named debtor Chirag Desai who ordinarily resides at ………… (or carries on business or personally works for gain at ………………) is truly and justly indebted to the applicant to the extent of Rs. ……………… for principal and Rs. …………… for interest due on a pronote executed by Chirag Desai in favour of the applicant on the ……………… day of ……………

  2. That on the ……………… day of ……………… when the applicant called at the said premises and demanded payment of the amount due under the promissory note, the said Chirag Desai gave notice to the applicant that the said Chirag Desai has suspended payment of his debts.

  3. That the said debtor has, within three months before the date of presentation of this petition, committed inter alia the following acts of insolvency (state briefly the acts of insolvency), e.g.

(i) The said debtor has departed from his usual place of business/residence at ……………… and/or absented or kept himself secluded therefrom with intent to deprive his creditor of all means of communications.

(ii) Set out other acts of insolvency, if any.

The applicant therefore...

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