Lawgist168Obligations under contracts
(1) This section shall apply where a contract has been entered into by the bankrupt with a person before the bankruptcy commencement date.
(2) Any party to a contract, other than the bankrupt under sub-section (1), may apply to the Adjudicating Authority for—
(a) an order discharging the obligations of the applicant or the bankrupt under the contract; and
(b) payment of damages by the party or the bankrupt, for non-performance of the contract or otherwise.
(3) Any damages payable by the bankrupt by virtue of an order under clause (b) of sub-section (2) shall be provable as bankruptcy debt.
(4) When a bankrupt is a party to the contract under this section jointly with another person, that person may sue or be sued in respect of the contract without joinder of the bankrupt.
Download our fully-offline, High speed android app.- Click here
- 149 Functions of bankruptcy trustee
- 150 Duties of bankrupt towards bankruptcy trustee
- 151 Rights of bankruptcy trustee
- 152 General powers of bankruptcy trustee
- 153 Approval of creditors for certain acts
- 154 Vesting of estate of bankrupt in bankruptcy trustee
- 155 Estate of bankrupt
- 156 Delivery of property and documents to bankruptcy trustee
- 157 Acquisition of control by bankruptcy trustee
- 158 Restrictions on disposition of property
- 159 After-acquired property of bankrupt
- 160 Onerous property of bankrupt
- 161 Notice to disclaim onerous property
- 162 Disclaimer of leaseholds
- 163 Challenge against disclaimed property
- 164 Undervalued transactions
- 165 Preference transactions
- 166 Effect of order
- 167 Extortionate credit transactions
- 168 Obligations under contracts
- 169 Continuance of proceedings on death of bankrupt
- 170 Administration of estate of deceased bankrupt
- 171 Proof of debt
- 172 Proof of debt by secured creditors
- 173 Mutual credit and set-off
- 174 Distribution of interim dividend
- 175 Distribution of property
- 176 Final dividend
- 177 Claims of creditors
- 178 Priority of payment of debts
