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1976 Supreme(Bom) 196

MRIDULA BHATKAR
Bhurmal Kapurchaud and Co. , Judgment Creditors – Appellant
Versus
Premier Machine Tools – Respondent


Advocates:
U.J. Makhija, for Judgment-Creditors.

ORDER :- In this matter which has come up for directions before me, the judgment-creditors put in issue the practice adopted by the Insolvency Registrar with regard to issuance of insolvency notice founded on a decree which is more than two years old. The Insolvency Registrar insisted that before an insolvency notice could be issued, in respect of a judgment-debt under a decree which was more than two years old and thus required compliance with the provisions of O.21, R.22 of the Code of Civil Procedure proceeding in that behalf must be adopted and the said notice made absolute by the competent court. This practice has been prevalent in this court for last several years. This practice is assailed on the ground that it is contrary to the provisions of law or is otherwise unreasonable.

2. On 1st August 1974 a decree was passed in favour of the judgment-creditors by the City Civil Court, Bombay, in Summary Suit No.3778 of 1974 against M/s. Premier Machine Tools Co., the Judgment-debtors. On 26th April 1976 the judgment-creditors made an application to the Insolvency Registrar for issuing an insolvency notice contemplated by S.9-A of the Presidency Towns Insolvency Act (hereinafter ref




























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