1. This appeal is directed against the order dated 10/1/2008 passed by the 4th Civil Judge, Class-I Raipur in Insolvency Case No. 01/07.

2. Registry has pointed out the default that in the light of Section 75 of the Provincial Insolvency Act, 1920 (hereinafter referred to as 'the Act of 1920') the present appeal is not maintainable.

3. Learned counsel for the appellant submits that present appellant has filed the appeal in accordance with sub-section 3 of Section 75 of the Act of1920 and present appeal is maintainable before this Court

4. It reveals from the order impugned that 4th Civil Judge Class-I, Raipur has passed the order in insolvency proceeding. Provision for filing the appeal against the order of different Courts have been provided in Section 75 of the Act of 1920. Section 75 of the Act of 1920 reads as follows:

(1) The debtor, any creditor, the receiver or any other person aggrieved by a decision come to or an order made in the exercise of insolvency jurisdiction by a Court subordinate to a District Court, may appeal to the District Court, and the order of the District Court upon such appeal shall be final:

Provided that the High Court, for the purpose of satisfying i