Judgment

HEGDE, J.:- This appeal by special leave arises from insolvency proceedings initiated by the first respondent Petitioning Creditor on the original side of the Calcutta High Court against the appellant. No other creditor had either joined the proceedings or was a party thereto. Excepting the fact the petitioner alleged that some other debts were also due from the insolvent there is no satisfactory proof about those debts. At any rate, there is no satisfactory proof to show that the insolvent was unable to discharge the debts due from him. The prayer for adjudicating the appellant as an insolvent had primarily proceeded on the basis of the failure of the appellant to discharge the decree debt due to the petitioning creditor. At the hearing of the appeal the appellate Bench of the High Court determined on September 23, 1964 that the balance amount due from the insolvent to the petitioning creditor was Rs 46,623-49 paise. The Court directed the appellant that if he paid to the petitioning creditor Rs.28,186.40 p. . by 2nd December, 1964 and the balance with interest by June 30, 1963, the order of adjudication would be set aside. On the same day i.e. September 23, 1964 the appel