SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1975 Supreme(AP) 14

P.RAMACHANDRA RAJU
Official Receiver, Kurnool – Appellant
Versus
South Indian Mining and Slabs Co. – Respondent


P. RAMACHANDRA RAJU, J.

( 1 ) THE revision petition arises in the matter of insolvency of a judgment-debtor whose property was brought to sale in execution at the instance of a decree-holder and assets were realised by the executing Court before the insolvency petition was filed. We are concerned in this revision petition largely with what effect Section 51 (1) of the Provincial Insolvency Act, hereinafter referred to as the Act will have on such assets.

( 2 ) ON 28-10-1967 a creditors insolvency petition, No. 24 of 1967 was filed on the file of the Court of the Subordinate Judge, Kurnool, against one N. Ramachandra Reddy, who is the judgment-debtor in O. S. No. 68 of 1962 on the file of the same Court pending adjudication, the Official Receiver was appointed as Interim Receiver to his properties. The judgment-debtor was finally adjudicated insolvent on 11-7-1968. Even before the insolvency were brought to sale on 27th and 28/09/1967 and they were sold for a sum of Rs. 53,400. 00 in E. P. No. 28 of 1966. On the date of the sale, 25 per cent of the sale was deposited and the balance 3/4th sale amount was deposited within 15 days therefrom, the time allowed as provided under Order 21,










Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top