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State of Rajasthan - Section

Section 455 in Rajasthan Insolvency Rules

455. Applications and notices.

(1)Every application to the court either by the Receiver or by any creditor, or by any person either claiming to be entitled to any alleged assets of the debtor, or complaining of any act of the Receiver, and in particular without prejudice to the generality of this rule for an order deciding any question under sections 4, 51, 52, 53, 54 and 55 or any one of them, shall, unless otherwise provided by these rules, or unless the court shall in any particular case otherwise direct, be made by application in writing and shall be supported by an affidavit by the applicant.
(2)Every such application shall state in substance the nature of the order or relief applied for, the section of the Act under which such application is made, the grounds upon which such order or relief is claimed, and the sections of any other Act relied upon.
(3)Every such application shall also state whether the applicant desires or intends to call witnesses at the hearing in support thereof and shall specify with precise identification the documents upon which the applicant intends to rely.
(4)Where such application is made by an applicant other than the Receiver, a copy of such application and a copy of the affidavit in support thereof shall be served upon the Receiver together with copies of the documents upon which the applicant intends to rely as mentioned in sub-rule (3) hereof, unless the number or volume of such document is exceptionally great, in which case notice of the fact shall be given to the Receiver, and an opportunity shall be afforded to the Receiver of examining the original seven clear days at least before the hearing.
(5)Where such application is made by the Receiver, the affidavit in support thereof shall identify any statement of the debtor made to the Receiver, which is either on the file or in the Receiver’s possession and on which the Receiver intends to rely.
(6)Any party to the application shall be entitled to inspect the original of any document which has been either filed, or mentioned in the affidavit made in support of such application, or of which any copy has been exhibited to such affidavit.
(7)A copy of every application mentioned in sub-rule (1) hereof and of the affidavit in support of such application shall be served upon the Receiver whether or not any relief or order is expressly claimed against him.Sale of Immovable Property of insolvent