No. 7/2018
INSOLVENCY
Cap.6:07
(5) Subsections (2), (5), and (7) of section-+ apply to all applications in terms
of this section.
(6) After having considered any application referred to in subsections (I), (2)
and (3), the Court may grant any order in terms of section 8, 14 or 15, but the Court
must not refuse to grant a liquidation order on the ground only that the assets of the
debtor have been mortgaged to an amount equal to or in excess of those assets. or that
the debtor has no assets.
(7) Where the application is presented by shareholders or members of the
debtor and it appears to the Court that the applicants are entitled to relief, the Court
must grant a liquidation order unless it is satistled that some other remedy is available
to the applicants and that they are acting unreasonably in seeking to have the debtor
liquidated instead of pursuing that other remedy.
(8) Where the application is presented to the Court by(a)
any applicant under paragraph (h) of subsection (1 ), the Court may in
the liquidation order or by any subsequent order contlrm all or any of the
proceedings in the voluntary liquidation; or
(b)
any shareholder or member under that subsection, the Court must satisfy
itself that the rights of the shareholder or member will be prejudiced by
the continuation of a voluntary liquidation.
(9) The Court may not grant a final liquidation order in the case of a debtor
that is already being liquidated by order of Court within Zimbabwe.
6
Application by creditor for liquidation of debtor's estate
(I) A creditor who has a liquidated claim of not less than the amount of $200,
or the amount prescribed from time to time so as to reflect subsequent fluctuation in the
\ alue of money, against a debtor who is unable to pay his or her debts as contemplated in
section 3, or two or more creditors \Vho in the aggregate have liquidated claims against
such a debtor for not less than such amount, may apply to a Court for the liquidation
of a debtor's estate(a)
who is unable to pay his or her debts as contemplated in section 3; or
(b)
who is a company or private business corporation and(i)
corporate rescue proceedings have ended in the manner contemplated
in Part XXIII and it appears to the Court that it is just and equitable
in the circumstances for the company or private business corporation
to be liquidated;
(ii)
it is otherwise just and equitable for the company or private business
corporation to be liquidated.
(2) A claim in respect of a liquidated debt which is payable at some determined
time in the future may be taken into account for purposes of subsection (I).
(3) An application contemplated in subsection (I) must(a)
be made with direct notice to the debtor, unless the Court dispenses with
notice where the Court is satisfied that it would be in the interest of the
debtor or of the creditors to dispense with it;
(b)
in the case of a natural person(i) state the full name and if known the date of birth of the debtor and.
if an identity number has been assigned to him or her, that identity
number and, in the case of any other debtor, the registration number
or other reference number which has been assigned to such debtor
and, if no such registration number or reference number exists, this
fact shall be stated:
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