Sec 152 - Master may direct trustee to deliver documents or information

152. Master may direct trustee to deliver documents or property or call upon any person to furnish certain information.—

(1) The Master may at any time direct a trustee to deliver to him any book or document relating or any property belonging to the insolvent estate of which he is trustee.


(2) If at any time after the sequestration of the estate of a debtor and before his rehabilitation, the Master is of the opinion that the insolvent or the trustee of that estate or any other person is able to give any information which the Master considers desirable to obtain, concerning the insolvent, or concerning his estate or the administration of the estate or concerning any claim or demand made against the estate, he may by notice in writing delivered to the insolvent or the trustee or such other person summon him to appear before the Master or before a magistrate or an officer in the public service mentioned in such notice, at the place and on the date and hour stated in such notice, and to furnish the Master or other officer before whom he is summoned to appear with all the information within his knowledge concerning the insolvent or concerning the insolvent’s estate or the administration of the estate.


(3) After having interrogated the person summoned as aforesaid the Master or other officer concerned may deliver to him a written notice to appear again before the Master or other officer at a place and upon a date and hour stated in such notice and to submit to the Master or such other officer any further information or any book or document specified in such notice.


(4) When any person summoned as aforesaid appears before the Master or other officer in question in compliance with a notice issued under subsection (2) or (3) the Master or such other officer may administer the oath to him and the Master or such other officer and if a person other than the trustee was summoned, also the trustee (or his agent) may interrogate the person summoned in regard to any matter relating to the insolvent or his estate or the administration of the estate.


(5) The provisions of subsection (2) of section 65 shall, subject to subsection (2A) of that section, mutatis mutandis apply in connection with the production of any book or document or with the interrogation of any person under the preceding provisions of this section.


(6) The provisions of section sixty-six shall mutatis mutandis apply in connection with a person summoned, and with his interrogation, under this section and the Master or other officer concerned shall, with reference to a person so summoned or with reference to such interrogation, have the powers and immunity conferred upon an officer mentioned in section sixtysix.


(7) The provisions of subsection (7) of section sixty-five shall mutatis mutandis apply in connection with any person (other than a trustee) who has been summoned under this section for the purpose of furnishing any information:


Provided that if there are no assets in the estate in question sufficient to pay the witness fees in question, those fees shall be paid by the State.

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