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State of Tamilnadu - Section

Section 10 in Tamil Nadu Debt Conciliation Act, 1936

10. Notice calling upon creditors to submit statements of debts.

(1)If, after examining the debtor, it is in the opinion of the board desirable to attempt to effect a settlement between him and his creditors, a notice shall be issued and served or published in the manner prescribed, calling upon every creditor of the debtor to submit a statement of debts owed to such creditor by the debtor. Such statement shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (Central Act V of 1908), for signing and verifying claims and shall be submitted to the board within two months from the date of service or publication of the notice, as the case may be: Provided that, if the board is satisfied that any creditor was, for good and sufficient cause, unable to comply with such directions, it may extend the period for the submission of his statement of the debt owed to him.
(2)[ If no statement is submitted by a creditor in compliance with the provisions of sub-section (1) in respect of debts owed to him by the debtor, then, subject to the provisions of sub-section (3)-
(a)in the case of any debt included in the particulars furnished by the debtor under sub-section (1) of section 6 or sub-section (3) of section 8, the creditors shall not be entitled, in any proceeding before a board or Civil Court or on any other occasion, to dispute the accuracy of the said particulars in regard to such debt; and
(b)every other debt shall be deemed for all purposes and on all occasions to have been duly discharged.]
(3)If a creditor proves to the satisfaction of the board or a Civil Court that the notice was not served on him or that he had no knowledge of the publication thereof or that for some other sufficient reason, he was unable to submit the statement, the board or Court may [remove the disability imposed by clause (a) of sub-section (2) in regard to the debts referred to in that clause and revive the debts referred to in clause (b) of that sub-section] [Substituted for the words 'revive the debt' by section 2 (ii) of the Tamil Nadu Debt Conciliation (Amendment) Act, 1943 (Tamil Nadu Act IX of 1943) re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. 1) Act, 1948 (Tamil Nadu Act VII of 1948).], if the creditor files an application in that behalf within two months after he becomes aware of the proceedings taken under this section:Provided that a creditor shall not be entitled to apply under this sub-section to the board and to a Civil Court simultaneously or to apply to either the board or Civil Court after having applied to the other.