IBC 95 — Application by creditor to initiate insolvency resolution process

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  A  creditor  may  apply either by himself, or jointly with other creditors, or through a resolution professional to the Adjudicating Authority for initiating an insolvency resolution process under this section by submitting an application.
(2)  A  creditor  may  apply  under  sub-section  (1)  in  relation  to  any  partnership  debt  owed  to  him  for initiating an insolvency resolution process against—
(a) any one or more partners of the firm; or (b) the firm.
(3) Where  an application has been made against one partner in a firm, any other application against another  partner  in  the  same  firm  shall  be  presented  in  or  transferred  to  the  Adjudicating  Authority  in which  the  first  mentioned  application  is  pending  for  adjudication  and  such  Adjudicating  Authority  may give such directions for consolidating the proceedings under the applications as it thinks just.
(4)  An  application  under  sub-section  (1)  shall  be  accompanied  with  details  and  documents  relating to—
(a)  the  debts owed  by  the  debtor  to  the  creditor  or  creditors  submitting  the  application  for insolvency resolution process as on the date of application;
(b) the failure by the debtor to pay the debt within a period of fourteen days of the service of the notice of demand; and (c) relevant evidence of such default or non-repayment of debt.
(5) The creditor shall also provide a copy of the application made under sub-section (1) to the debtor.
(6) The application referred to in sub-section (1) shall be in such form and manner and accompanied by such fee as may be prescribed.
(7) The details and documents required to be submitted under sub-section (4) shall be such as may be specified.

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