1. A petition was filed by the petitioner before the Sub Court, under Section 7 and 9 of the Kerala Insolvency Act (‘the Act’, for short), for adjudging him as an insolvent. In the said petition, an interlocutory application was also filed by petitioner to stay the order of arrest issued against him by the same court in an Execution Petition. After hearing both sides, the Sub Court dismissed the interlocutory application and the said order is challenged in this petition.

2. According to petitioner, he has no sufficient means to pay the debt due to respondent, but the Sub Court issued a warrant of arrest against him in an Execution petition. Having filed a petition under Section 7 of the Act, the court below ought to have adjudicated the matter and pending disposal of the Insolvency Petition, a stay of the arrest ought to have been granted, it is contended. A mere pleading that petitioner is not having means is sufficient to entertain the Insolvency Petition but, the court below failed to consider this aspect and refused to grant a stay and dismissed the petition for stay and hence, this petition is filed to set aside the said order.

3. Heard both sides. The maintainabili