46. Special procedure in case of summary administration.
- When an estate is ordered to be administered in a summary manner under section 74 of the Act, the provisions of the Act and Rules shall, subject to any special direction of the Court, be modified as follows, namely :-(i)There shall be no advertisement of any proceedings in the local official gazette or any newspaper;(ii)the petition and all subsequent proceedings shall be endorsed "summary case";(iii)the notice of the hearing of the petition to the creditors shall be in Form No. 14;(iv)the court shall examine the debtor as to his affairs, but shall not be bound to call a meeting of creditors but the creditors shall be entitled to be heard and to cross-examine the debtor;(v)the appointment of a Receiver will often not be necessary and the Court may act under section 58 of the Act in order to reduce the cost of the proceedings. The administration charges, however, shall be levied at the same rates as in ordinary cases. These charges should be credited into the treasury under Head XXI - Administration of Justice - Misc. Fees and Fines - Insolvency Court Receipts, except those representing the cost of audit, which should be credited under Head XLVI - Miscellaneous Fees for Government Audit;(vi)the ordinary Nazarat staff should be employed for conducting sales;(vii)the only registers which need be kept are the Cash Book, the Dividend Register, the Register of Property and such other Registers as may be required to give a correct view of the administration of the estate.Prosecutions
