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1981 Supreme(Mad) 205

SATHIADEV
S. Neela Kanta Sarma – Appellant
Versus
K. Govindarajulu – Respondent


Advocates:
Gopal Raj, for Applicant; E. R. Krishnan and R. Srinivasan, for Respondents; Official Assignee in person.

Judgement

ORDER :- Insolvent is the applicant. This application is filed under S.21 of the Presidency Towns Insolvency Act, for annulling the order of adjudication dated 6-10-1975 on the ground that the petitioning creditor was a secured creditor, and when he had not complied with the requirements under S.12(2) of the Act, the order of adjudication secured by him itself was without jurisdiction, and therefore the present application is maintainable. In the supporting affidavit, insolvent states as follows : He was adjudged an insolvent on 6-10-1975, on a petition filed by the first respondent herein, who is a secured creditor. Under Section 12(2) of the Act, the petitioning creditor shall state in his petition that he either relinquishes his security for the benefit of the creditors or give an estimate of the value of the security in which event alone, he would be entitled to present a petition under the Act and when the first respondent had not fulfilled any of the conditions mentioned in Section 12(2) of the Act, the order secured by him, would not be binding on the applicant herein. As the applicant was not aware of the full facts earlier, he could not file the application for an
























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