AMEER ALI
In Re: Keshablal Dhar – Appellant
Versus
. – Respondent
JUDGMENT
Ameer Ali, J. - This is an application by the Official Assignee of Calcutta for directions. The directions asked for are not specified in the prayer to the petition. The matter arises in this way: Keshablal Dhar was adjudicated on 9th April 1923. Beereshwar Ghosh, the creditor, appearing on this present application, lodged his proof on 11th July 1923. Nothing apparently was done in the insolvency. On 23rd April 1928 the Official Assignee applied for and obtained an order for annulment on the ground that the insolvent had not applied for his discharge, the application being u/s 41, Presidency Towns Insolvency Act. The order was made with the direction that the money to the credit of the estate in the hands of the Official Assignee be kept pending the further order of the Court. I have not got the order before me, but that gives the sense of the direction. The sum to the credit of the estate was a sum of Rs. 903, and that is the sum which is now in question. The insolvent applied for payment to him of that sum. Apparently notice of that application was given to Beereshwar Ghosh, the creditor, who opposes. Keshablal Dhar claims the money u/s 23, Presidency Towns Insolvency Act
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