(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.
where an order has been passed by an Adjudicating Authority under sub-section (1A) of section 106.
(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.
1. Inserted vide Insolvency and Bankruptcy Code (Amendment) Act, 2026 notification dated 06.04.2026, effective from 06.04.2026. To view the notification, Click Here