Special provision for application under section 4 in respect of debts due to creditor in merged territory.

§57

Summary

1[57. 2[Special provision for application under section 4 in respect of debts due to creditor in merged territory].- (1) Notwithstanding anything contained in section 4 of this Act as amended by the provisions of the Bombay Merged States (Laws) Act, 1950 (Bom. IV of 1950), in its application to the merged territories- (a) if any debtor was owing debts to a creditor in a merged territory on the date on which such territory merged with the 3[State] of Bombay and if the place in which such debtor was ordinarily residing on the said date was outside in such territory, such debtor, or (b) his creditor may make an application to the Court under section 4 within six months from the date of the coming into operation of the Bombay Agricultural Debtors Relief (Amendment) Act, 1950 (Bom. XXXVII of 1950). (2) Nothing in sub-section (1) shall entitle any debtor or creditor to make an application if prior to the date of the coming into operation of the said Bombay Agricultural Debtors Relief (Amendment) Act, 1950 (Bom. XXXVII of 1950), he could have made an application under section 4 of this Act: Provided that, if the debtor had in such territory on the date on which such territory merged with the 4[State] of Bombay any property against which the creditor could have enforced his remedy for the recovery of the debts due to him from such debtor under any law in force in such territory immediately before the said date, such debtor or his creditor shall be entitled to make an application under sub-section (1).

1[57. 2[Special provision for application under section 4 in respect of debts due to creditor in merged territory].- (1) Notwithstanding anything contained in section 4 of this Act as amended by the provisions of the Bombay Merged States (Laws) Act, 1950 (Bom. IV of 1950), in its application to the merged territories- (a) if any debtor was owing debts to a creditor in a merged territory on the date on which such territory merged with the 3[State] of Bombay and if the place in which such debtor was ordinarily residing on the said date was outside in such territory, such debtor, or (b) his creditor may make an application to the Court under section 4 within six months from the date of the coming into operation of the Bombay Agricultural Debtors Relief (Amendment) Act, 1950 (Bom. XXXVII of 1950). (2) Nothing in sub-section (1) shall entitle any debtor or creditor to make an application if prior to the date of the coming into operation of the said Bombay Agricultural Debtors Relief (Amendment) Act, 1950 (Bom. XXXVII of 1950), he could have made an application under section 4 of this Act: Provided that, if the debtor had in such territory on the date on which such territory merged with the 4[State] of Bombay any property against which the creditor could have enforced his remedy for the recovery of the debts due to him from such debtor under any law in force in such territory immediately before the said date, such debtor or his creditor shall be entitled to make an application under sub-section (1).

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