A 34
CAP. 6]
[Subsidiary]
Bankruptcy Rules
[1977 Ed.
G.N.A. 124/55.
Public officer or agent of company, etc.
R277.
(b) where the bankrupt has sublet the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with notice of his intention to disclaim, and neither the lessor nor the sub-lessee or the mortgagees or any of them, within 14 days after the receipt of such notice, require or requires the matter to be brought before the court.
(2) Except as provided by this rule, the disclaimer of a lease without the leave of the court shall be void.
(3) Where a trustee disclaims a lease, he shall forthwith file the disclaimer with the proceedings in the court and shall also, if the lease is registered in the Land Office or in any District Land Office, register a memorial of such disclaimer in the Land Office or in any District Land Office, and the disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is so filed, or, as the case may be, filed and registered, by the trustee, the disclaimer shall be inoperative.
(4) Where, in pursuance of notice by the trustee of his intention to disclaim a lease, the lessor, sub-lessee, or mortgagee requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee, or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties.
(5) A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property.
(6) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the Official Receiver or trustee, furnish a statement of the interest so claimed by him.
Proceedings by company or co-partnership
131. A bankruptcy petition against or bankruptcy notice to any debtor to any company or co-partnership duly authorized to sue and be sued in the name of a public officer or agent of such company or co-partnership may be presented by or sued out by such public officer or agent as the nominal petitioner for and on behalf of such company or co-partnership, on such public officer or agent filing an affidavit stating that he is such public officer or agent and that he is authorized to present or sue out such petition or bankruptcy notice.