Section-72 Continuation of proceedings in the event of death or insolvency
Section-72 Continuation of proceedings in the event of death or insolvency.-
1. Where-
a. any property of a person has been attached under section 8 and no appeal against the order attaching such property has been preferred; or
b. any appeal has been preferred to the Appellate Tribunal, and-
i. in a case referred to in clause (a), such person dies or is adjudicated an insolvent before preferring an appeal to the Appellate Tribunal; or
ii. in a case referred to in clause (b), such person dies or is adjudicated an insolvent during the pendency of the appeal, then, it shall be lawful for the legal representatives of such person or the official assignee or the official receiver, as the case may be, to prefer an appeal to the Appellate Tribunal or as the case may be, to continue the appeal before the Appellate tribunal, in place of such person and the provisions of section 26 shall, so far as may be, apply, or continue to apply, to such appeal.
2. Where-
a. after passing of a decision or order by the Appellate Tribunal, no appeal has been preferred to the High court under section 42; or
b. any such appeal has been preferred to the High Court,- then-
i. in a case referred to in clause (a), the person entitled to file the appeal dies or is adjudicated an insolvent before preferring an appeal to the High Court, or
ii. in a case referred to in clause (b), the person who had filed the appeal dies or is adjudicated an insolvent during the pendency of the appeal before the High Court, then, it shall be lawful for the legal representatives of such person, or the official assignee or the official receiver, as the case may be, to prefer an appeal to the High Court or to continue the appeal before the High Court in place of such person an the provision of section 42 shall, so far as may be, apply, or continue to apply, to such appeal.
3. The powers of the official assignee or the official receiver under sub-section (1) or sub-section (2) shall be exercised by him subject to the provisions of the Presidency-towns Insolvency Act, 1909 (3 of 1909) or the Provincial Insolvency Act, 1920 5 of 1920), as the case may be.
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