95. (1) A creditor may apply either by himself, or jointly with other
creditors, or through a resolution professional to the Adjudicating
Authority for initiating an insolvency resolution process under this section
by submitting an application.
(2) A creditor may apply under sub-section (1) in relation to any
partnership debt owed to him for initiating an insolvency resolution process
against-
(a) any one or more partners of the firm; or
(b) the firm.
(3) Where an application has been made against one partner in a firm, any
other application against another partner in the same firm shall be
presented in or transferred to the Adjudicating Authority in which the first
mentioned application is pending for adjudication and such Adjudicating
Authority may give such directions for consolidating the proceedings under
the applications as it thinks just.
(4) An application under sub-section (1) shall be accompanied with details
and documents relating to-
(a) the debts owed by the debtor to the creditor or creditors submitting the
application for insolvency resolution process as on the date of application;
(b) the failure by the debtor to pay the debt within a period of fourteen
days of the service of the notice of demand; and
(c) relevant evidence of such default or non-repayment of debt.
(5) The creditor shall also provide a copy of the application made under
sub-section (1) to the debtor.
(6) The application referred to in sub-section (1) shall be in such form and
manner and accompanied by such fee as may be prescribed.
(7) The details and documents required to be submitted under sub-section (4)
shall be such as may be specified.