section 8
Application for recording settlement.
The Tripura Agricultural Debtors Relief Act, 1975Finance197531 sections5 chapters
Chapter IV PROCEDURE FOR SETTLEMENT OF DEBTS
Statutory text
- (1) If any debtor and any or all of his creditors, before the making of any application under Section 6 arrive at a settlement in respect of any debt due by the debtor to. the creditor, the debtor or any of the creditors may within thirty days from the date of such settlement make an application to the Tribunal for recording such settlement.
- (2) Every such application shall be in the prescribed form and shall be signed and verified in the prescribed manner.
- (3) On receipt of such application the Tribunal shall, after giving notice to the creditor, or the debtor, as the case may be, and after making such equity as it thinks fit, if it is satisfied that the settlement arrived at is bona fide and voluntary and is not made with intent to defeat or delay any of the creditors of the debtor, and is in the interest of the debtor, record such settlement and certify the same. Every such settlement so recorded and certified shall be binding upon the parties thereto and shall not be reopened.
- (4) After the Tribunal has recorded and certified a settlement under sub-section (3), the Tribunal shall call upon the debtor to make a declaration whether there are any other debts due by the debtor which are not included in the settlement. If the debtor makes a declaration that there are no such debts the Tribunal shall pass orders in terms of such settlement.
- (3) If the Tribunal is satisfied, after recording such settlement, that there are other debts, due from the debtor which are not included in the settlement, the Tribunal shall treat the application made under sub-section (1) as an application for settlement of debts under Section 6.
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