In the Matter of an Application by Ahmed Omar a Bankrupt Misc. Civ. Cause 1-M-61; 7/5/70; Seaton J.

In the Matter of an Application by Ahmed Omar a Bankrupt Misc. Civ. Cause 1-M-61; 7/5/70; Seaton J.

The applicant bankrupt applied – under s. 29 (2) (b) of the Bankruptcy Ordinance – for an order of conditional discharge on condition that judgment be entered for Shs. 3,500/- in favour of the Official Receiver to be paid by installments of Shs. 100/- per month. His total proved liabilities amounted to Shs. 116,852/22 and proceeds realized from assets amounted to Shs. 31,295/55. the court was urged to consider the fact that applicant was 50 years of age, was unhealthy due to a heart attack, was earning only Shs. 300/- per month and had two wives and 12 children to support.

            Held: (1) “Before making such an order, it is important to note all factors involved in the bankruptcy together with the general condition of the bankrupt himself in relation to his creditors. Although the amount involved in the bankruptcy is fairly big, yet the bankruptcy itself cannot be considered as a bad one. There were combinations of circumstances leading to the bankruptcy. It was due neither to fraud nor speculation in fact. Indeed the bankrupt does not seem to have a good business aptitude save perhaps in butchery. There was a sudden change of events in his business in 1960 and failure in his health due to heart attack. His inability to pay his creditors was largely pure misfortune.” (2) “Considering all this, together with the facts that the applicant bankrupt is 50 years old, that he is undoubtedly a sick man suffering from heart attack and he is unlikely to survive long, and he is unlikely to make any substantial payment to is creditors in the near future, this Court is of the opinion that an order for conditional discharge on the terms proposed and agreed would be proper in the circumstances. (3) Application for conditional discharge granted.