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1977 Supreme(Mad) 218

T.RAMAPRASADA RAO, S.SURYAMURTHY
The Audilakshmi Venkateswara Iron Traders, by Partners and another – Appellant
Versus
Mayavanthi Jhamandas, Sole Propx, Seth Jhamandas Company, by power of Attorney Agent, and others – Respondent


Advocates:
E. R. Krishnan, for Appellant.
K.N. Balasubramanian, for Respondent No. 1.
The Official Assignee, for Respondent No. 3.

Ramaprasada Rao, J.-This is an appeal against the judgment of Paul, J., who adjudicated the appellants as insolvents in I.P. No. 85 of 1972 mainly on two grounds. The first ground is that one of the insolvents was not ‘found in the usual place of residence and business and that he secluded himself from the creditors, and the second ground is that the debtors suspended payment. The petitioning creditors complained that the debtors have committed acts of insolvency within the meaning of section 9 (d) (iii) and section 9 (g) of the Presidency Towns Insolvency Act. The facts which led to the filing of the petition may be briefly summarised thus: The petitioning creditors claimed that Audilakshmi Venkateswara Iron Traders represented by its partners, K. Subbarayalu Chetty and K. Radhakrishnan and Sri Balaji & Co., represented by its partners K. Radhakrishnan and K. Balasubramaniam were indebted to them in the sum of Rs. 3,500 on the foot of a promissory note executed by the partners of the above firms and that before they came to Court with this insolvency petition another creditor attached the goods of the debtors and the debtors have removed a substantial portion of their stock in tra




































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