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Section 40 – The Provincial Insolvency Act,1920

The Provincial Insolvency Act,1920

Section 40. Power to re-adjudge debtor insolvent

If default is made in the payment of any instalment due in pursuance of the composition or scheme, or if it appears to the Court that the composition or scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained by fraud, the Court may, if it thinks fit, re-adjudge the debtor insolvent and annul the composition or scheme but Without prejudice to the validity of any transfer or payment daily made or of anything duly done under or in pursuance of the composition or scheme. When a debtor is re-adjudged insolvent under this section, all debts provable in other respects which have been contracted before the date of such re-adjudication shall be provable in the insolvency.

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The Provincial Insolvency Act,1920

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