1. The petitioners in I.C.No.21/2011 on the file of the II Addl. District Judge, Bellary, which came to be dismissed in limine as per its order dated 14.10.2011 have presented this appeal u/s 75 (2) of the Provincial Insolvency Act, 1920, (for short ‘the Act’) interalia urging that their petition filed u/ss.10, 11 and 13 of the Act could not have been dismissed at the threshold without adjudging petitioners as insolvent or without going into the further merits of the petition when the petition was a debtor’s petition presented u/s 10 of the Act and therefore required adjudication after issue of notice to the respondent-creditors.

2. The learned Judge of the Insolvency Court not only dismissed the main petition of the two debtors, but also dismissed IA-II filed u/s 74 (1) of the Act so also IA-III filed u/s 151 of the Code of Civil Procedure seeking for protection to the petitioners/appellants from the onslaughts and harassment by the respondents/creditors in view of their coercive proceedings and pressurizing tactics on the appellants to pay off the amounts the appellants owe to them though the appellants were bankrupt and were unable to pay the debts.

3. The petition pres