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[Cites 0, Cited by 0] [Section 208] [Entire Act]

State of Bihar - Subsection

Section 208(3) in Civil Court Rules of the High Court of Judicature at Patna

(3)[ (i) The insolvency notice to be given under Section 6 (2) of the Act shall be in Form No. (P) 65A. [Inserted by C.S. No. 52, dated 7.1.1980.]
(ii)The notice shall state-
(a)the name and address of the creditor (s).
(b)the name and address of the debtor, decree (s) or order (s) for payment of money on which the creditors or creditors claims are based with particulars thereof (viz., the number of the suit or proceeding in which the decree (s) or order (s) has/have been made the date thereof and the amount as claimed due thereunder).
(c)the aggregate amount due to the creditor (s) (in case there are more than one decree or order); the fact that the decree (s) or order (s) has/have become final and that the execution thereof has not been stayed.
(d)particulars of decree (s) or order (s) viz., the number of the suit or proceeding in which the decree (s) or order (s) has/have been made, the date thereof and the amount due thereunder to such creditor (s).
(e)in case there are more than one decree or order, aggregate amount due thereunder to the creditor (s).
(f)the date (which shall not be less than one month from the date of the service of the notice) before which compliance with the requirements of the notice is asked for.
(iii)The notice shall require the debtor to pay to the creditor (s) the amount claimed or to furnish security for the payment of the amount to the satisfaction of the creditor (s) or his/their agent(s).
(iv)Service of insolvency notice shall be personal. Notice shall be served in the manner provided in Rules 9 to 19 of Order V of the Code of Civil Procedure or by the registered post.
(v)If the notice is refused, or it is returned unserved and the Court is satisfied that the debtor is keeping out of the way for the purpose of avoiding service, it shall be published in a local daily newspaper and such publication shall be deemed to be sufficient service of notice.
(vi)Any person served with an insolvency notice may within the period allowed for compliance with that notice, apply to the Court to set aside the insolvency notice on any of the grounds specified in sub-section (5) of Section 6 of the Act.
(vii)Where an application to set aside the insolvency notice has been made and it cannot be disposed of until after the expiry of the period specified in the notice as the day on which the act of insolvency will be complete, no act of insolvency shall be deemed to have been committed under the notice until the application shall be disposed of.]
Notices