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2006 Supreme(Ker) 419

K.S.RADHAKRISHNAN
Supreme Finance Corporation – Appellant
Versus
Dr. P. S. George – Respondent


Judgment :-

Petitioners in IA.3965 of 1998 in IP.2/89 and 3/89 of the Principal Cub Court, Kottayam are the revision petitioners. The above mentioned I.A. was filed by the 5th respondent in IP.2/89 and 2/89 for and on behalf of other respondents under section 114 and 151 of the Code of Civil Procedure praying to review the order dated 2-11-1998 passed in the cheque application. Review petition was allowed by the Sub Court and the order passed in the cheque application dated 2-11-1998 was reviewed and the application was dismissed. Aggrieved by the same first respondent in the I.A. who is the first respondent herein, filed CMA.25 of 1999 before the Additional District Judge, Kottayam. Appeal was allowed and the appellant was allowed to withdraw the amount in deposit on filing a fresh cheque application. Aggrieved by the said order this revision petition has been preferred.

2. Sri. P.C. Chacko, counsel appearing for the respondents raised a preliminary objection that the CRP filed under section 115 of the Code of Civil Procedure is not maintainable against an order passed by the insolvency court in exercise of the powers under section 4(1) of the Insolvency Act, 1955. Counsel submitte











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