(1) An application for bankruptcy of a debtor may be made, by a creditor individually or jointly with other creditors or by a debtor, to the Adjudicating Authority in the following circumstances, namely;—
(a) where an order has been passed by an Adjudicating Authority under sub-section 4 of section 100; or
(b) where an order has been passed by an Adjudicating Authority under sub-section 2 of section 115; or
(c) where an order has been passed by an Adjudicating Authority under sub-section 3 1[section 118; or]
2[(d) where an order has been passed by an Adjudicating Authority under sub-section (1A) of section 106.]
(2) An application for bankruptcy shall be filed within a period of three months of the date of the order passed by the Adjudicating Authority under the sections referred to in sub-section (1).
(3) Where the debtor is a firm, the application under sub-section (1) may be filed by any of its partners.
Footnotes in the official text
- 1.Subs. by Act 6 of 2026, s. 54, for “section 118.” (w.e.f. 26-05-2026).
- 2.Ins. by s. 54, ibid. (w.e.f. 26-05-2026).