මෙම අතුරුමුහුණත යන්ත්‍රයෙන් පරිවර්තනය කර ඇත. නීති සහ අධිකරණ තීන්දු ඒවායේ මූලාශ්‍ර භාෂාවෙන් පෙන්වනු ලැබේ.

පනවන ලද පරිදි

පටුන

Rescue, Rehabilitation and Insolvency (Corporate and Personal) Act 2026 · පනවන ලද පරිදි · Part III · Debt Protection Moratorium Order

43. Creditor Objection to Debt Protection Moratorium

නිල ඉංග්‍රීසි පරිවර්තනය. සිංහල පාඨය බලපවත්වයි. නිල Sinhala පාඨය විවෘත කරන්න, documents.gov.lk හි නිල PDF

(1)

A creditor who receives notiﬁcation of a Debt

Protection Moratorium under this Part may apply to the court to object to the Moratorium.

(2)

A creditor’s application to object to a Debt Protection

Moratorium under subsection (1) shall be based on one or more of the following grounds, namely that-

(a)

the debtor does not meet the eligibility criteria in section 39;

(b)

the debts to be covered by the Debt Protection

Moratorium are not included debts for the purposes of section 37;

(c)

the debtor has made a material false representation or omission in making the application or on supplying any accompanying information;

Rescue, Rehabilitation and Insolvency

(d)

the debtor has failed, in a material manner, to comply with the obligations speciﬁed in section 32; or

(e)

the Debt Protection Moratorium Order causes irreparable harm to the interests of the creditor.

(3)

A creditor’s application to court to object to a Debt

Protection Moratorium must be made within a period of ninety days beginning on the day on which the Debt

Protection Moratorium commences.

(4)

A creditor must provide notice to the debtor of an application to object to a Debt Protection Moratorium, including the grounds on which the application is based.

(5)

Where on an application under this section the court is satisﬁed as to any of the grounds speciﬁed in subsection (2), the court may order either or both of the following, namely : -

(a)

make an order directing that the Debt Protection

Moratorium shall not apply in whole or in part to the creditor who made the application to court, where in doing so it would not unfairly prejudice any other creditor;

(b)

make an order cancelling the Debt Protection

Moratorium in respect of any other debtor or creditor to which the Moratorium applies.

(6)

Where a court has made an order under subsection (5), the court may require the debtor to pay any interest, fees or charges that accrued during the Moratorium period in respect of a debt to which the Moratorium applies.

(7)

In any case where a court makes an order under subsections (5) or (6), the court shall give written notice to the debtor, the Oﬃcial Receiver, and any creditors to whom the order under subsection (5) applies.

Rescue, Rehabilitation and Insolvency

(8)

Where a court gives written notice to the Oﬃcial

Receiver under subsection (7), the Oﬃcial Receiver shall, within a period of fourteen days-

(a)

cause an entry to be made in the Personal

Insolvency Register; and

(b)

send a notiﬁcation of the court order made under subsection (5), and any requirements made under subsection (6), to any aﬀected creditor.

Part IV