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1974 Supreme(Cal) 92

SUDHAMAY BASU
KHUSAL CHAND SADANI – Appellant
Versus
BALKISSEN MOHTA – Respondent


Advocates Appeared:
Ojha, PAL

SUDHAMAY BASU, J.

( 1 ) THIS is a petition by one Khusal Chand Sadani residing at No. 26, Shib Thekur Lane. Calcutta-7 for adjudication of one Balkissen Mohta residing at No. 23, Kali Krishna Tagore Street as an insolvent. The petitioner's case is that the said Balkissen Mohta stood guarantee for due payment of a sum of Rupees 12,542/- interest and cost when an order by consent was made by the Company Court in petition No. 183 of 1970 filed by this petitioner in the matter of Belur Glass Works Limited. The said Belur Glass Works Limited failed to pay in terms of the said order and went into liquidation. Thereafter the petitioner proceeded against the said surety Balkissen Mohta for realisation of the sum and an order of attachment was passed by the Company Court on the 12th December, 1972 when the petitioner applied for execution. Pursuant to the order the right title and interest of Balkissen Mohta in his undivided one third share in premises No. 23, Kali Krishna Tagore Street was attached by the Sheriff of Calcutta on the 3rd of July, 1973. The petitioner's case is that the said debtor Balkissen Mohta three months before the date of presentation of this petition committed an act



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