HC Deb 31 March 1914 vol 60 c999

asked the Under-Secretary for India if he is aware that the absence of any provision in the Indian Bankruptcy Acts corresponding to the provision of the British bankruptcy law, whereby an act of insolvency is committed if a notice to pay is served on a debtor and remains unsatisfied for seven days after service, is regarded by traders in India as placing them at a disadvantage as compared with Home traders; and can he say on what grounds the Secretary of State is advised that the difference in position is more apparent than real, and that the remedy provided to creditors in India is equally effective?


Under Indian law, if a judgment creditor is unable to obtain satisfaction for his judgment debt, he may apply for notice to issue to the judgment debtor to show cause why he should not be committed to prison. If the debtor be committed by the Court to prison, such commitment amounts to an act of insolvency upon which the creditor can take action in the Insolvency Court. The judgment creditor has thus a remedy as effective as the bankruptcy procedure of this country and not dissimilar from it.