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1978 Supreme(Mad) 66

T.RAMAPRASADA RAO, M.A.SATHAR SAYEED
S. P. Ramakrishnan – Appellant
Versus
V. Bashyam Achari and another – Respondent


Advocates:
P. Sivaramakrishnaiah and Harikesavan, for Appellant.
K. N. Balasubramanian and P. B. Ramanujam and Official Assignee, for Respondents.

Ramaprasada Rao, J.-The appellant is an insolvent, who was adjudicated as such on his own petition in L.P. No. 31 of 1975 on the file of this Court. The relevant facts which led to this voluntary adjudication may be stated thus: — The insolvent, who was an employee as an officer in the Life Insurance Corporation of India, retired on 22nd September, 1974. Consequent upon his retirement, he received substantial amounts by way of gratuity and provident fund on 3rd January, 1975 and 9th January, 1975 totalling a sum of Rs. 29,746.66. The first respondent, who was admittedly a creditor and who was also his neighbour, apparently being aware of such withdrawals of large funds by the insolvent from his quandom employer, was not satisfied about the voluntary adjudication sought for by the insolvent on 22nd April, 1975. But as law permits a person to assume to himself the badge of insolvency by filing a petition for voluntary adjudication after satisfying the requirements of a debtor’s petition for adjudication, the first respondent cannot successfully challenge such a voluntary act on the part of the insolvent when he came to this Court with his petition ‘for adjudication as such. After the




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