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Insolvency and Bankruptcy Code, 2016

Section 121: Application for bankruptcy

Chapter IV — Bankruptcy Order for Individuals and Partnership Firms

(1) An application for bankruptcy of a debtor may be made, by a creditor individually or jointly with other creditors or by a debtor, to the Adjudicating Authority in the following circumstances, namely; –

(a) where an order has been passed by an Adjudicating Authority under sub-section 4 of section 100; or

(b) where an order has been passed by an Adjudicating Authority under sub-section 2 of section 115; or

(c) where an order has been passed by an Adjudicating Authority under sub-section 3 of section 118.

(2) An application for bankruptcy shall be filed within a period of three months of the date of the order passed by the Adjudicating Authority under the sections referred to in sub- section (1).

(3) Where the debtor is a firm, the application under sub-section (1) may be filed by any of its partners.

Source: official text of the Insolvency and Bankruptcy Code, 2016.