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2014 Supreme(Ker) 1007

P.BHAVADASAN
Ann Koshy – Appellant
Versus
Ramachandran Pillai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : George Varghese (Perumpallikuttiyil), A.R. Dileep & Manu Sebastian
For the Respondents:S. Sreekumar (Sr. Advocate), P. Martin Jose, P. Prijith & T.P. Santhosh Kumar

JUDGMENT :


1. Aggrieved by the order of the trial court as well as the appellate court adjudging the assignor of the appellants as insolvent, thereby affecting their assignments, the assignees have come up in appeal. They are counter petitioners 2 to 5 before the court below.

2. The facts necessary for the disposal of this appeal are as follows:

The facts and parties are referred to as they are available before the trial court. The petitioners invoked Section 9 of the Insolvency Act to have the first counter petitioner adjudged as insolvent. According to them, the first counter petitioner was indebted to the tune of Rs.3,20,000/- to the first petitioner and Rs.1,1 5,000/- to the second petitioner. According to them, in order to defeat or delay them, the first counter petitioner assigned his properties by way of two documents bearing Nos.1400 and 1402 of 1998 in favour of respondents 2 to 4. They pointed out that that act of assignment was within the stipulated period under the statute. The consideration shown in the documents was meager and that the property was registered in a different Sub-Registry office. It is also alleged that the debtor had made himself scarce and these acts of




























































































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