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2010 Supreme(Del) 187

RAJIV SAHAI ENDLAW
S. DALIP SINGH – Appellant
Versus
U. P. F. C. – Respondent


Advocates appeared:
Mr. Daljinder Singh, Advocate
Mr. A.K. Singh with Mr. Shiv Khanna, Advocates

JUDGMENT

RAJIV SAHAI ENDLAW, J.

1. This petition under Article 227 of the Constitution of India has been preferred with respect to the order dated 22nd November, 2003 of the Additional District Judge allowing the appeal of the respondent Uttar Pradesh Financial Corporation (UPFC) against the order dated 31st March, 2001 of the Insolvency Judge, Delhi. The Insolvency Judge had overruled the objection of the respondent/UPFC to the petition for insolvency under the provisions of the Provincial Insolvency Act, 1920 filed by the petitioner and allowed the petition and adjudged the petitioner as insolvent in terms of Section 7(1) of the Insolvency Act. The Additional District Judge on appeal, finding that the only debts owed by the petitioner were to the respondent/UPFC and the State of UP to which arrears of sales tax were owed, held an insolvency petition to be not maintainable qua the debts owed to the government and dismissed the petition. This Court vide ex parte order dated 4th February, 2003, while issuing notice of the petition, stayed the operation of the order of the Additional District Judge. The effect of the interim order of this Court is that the petitioner during th








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