Section 9, The Bankruptcy Act, 2009

(1) A debtor’s petition shall state that the debtor is unableto pay his debts, and the presentation thereof shall be deemed an act of bankruptcy without the previous filing by the debtor of any declaration of inability to pay his debts, and the court shall then make a receiving order: Provided that it shall be lawful for the court in its discretion to refuse the order if the court considers for sufficient cause that no order ought to be made. (2) In this section “sufficient cause” includes- (a) the non-attendance of the debtor, or in the case of a firm, of at least one of the partners thereof, on the hearing of the petition; (b) the absence of a material book of account, of any fraud or misconduct not amounting to fraud by the debtor in relation to his affairs, or (c) in the case of a firm or person carrying on business under a foreign firm name, the nonproduction of the partnership book or of the receipt used in connection with the business. (3) A debtor’s petition shall not, after presentation be withdrawn without the leave of the court.