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ARTICLE · 18 JUNE 2026

The Strategic Misstep: Why Using Winding-Up Petitions For Debt Collection Fails

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The Mauritius Bankruptcy Division declined to wind up Indian Oil despite an unsatisfied statutory demand of MUR 17 million, finding that the company remained solvent with liquid assets exceeding MUR 2.5 billion.

MauritiusInsolvency/Bankruptcy/Re-Structuring
Sharmilla Bhima
Sharmilla Bhima
Nivedita Patten
Nivedita Patten
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On 02 June 2026, the Bankruptcy Division of the Supreme Court (Bankruptcy Division) delivered an important judgment on statutory demands. In particular the Bankruptcy Division confirmed (i) its discretion on this issue and, (ii) the rationale for statutory demands under the Insolvency Act 2009 (Insolvency Act).

In J.K Construction & Son Ltd v Indian Oil (Mauritius) Ltd (2026 SCJ 224)(JK Construction case) the Bankruptcy Division declined to order the winding-up of Indian Oil (Mauritius) Ltd (Indian Oil) even though Indian Oil (i) did not pay the sum of MUR 17,013,202.44 claimed under the statutory demand and, (ii) did not exercise its right under the Insolvency Act to have the statutory demand set aside by Bankruptcy Division.

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