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1978 Supreme(Mad) 119

RAMAPRASADA RAO
S. Leelavathi – Appellant
Versus
N. Durairaj – Respondent


Judgement

ORDER :- The petitioning creditors alleged that the debtor who is the first respondent, has committed acts of insolvency under Ss.9(b), 9(g) and 9(d)(ii) and (iii) of the Presidency Towns Insolvency Act, and that therefore he has to be adjudicated as insolvent. The case of the petitioning creditors is as follows : Through a Finance Broker, one Mr. N. Gurumukal, examined as P.W. 2, the first petitioner and the second petitioner claimed that they have advanced on 6-5-1976 and 17-3-1976 respectively sums of Rs, 5000/-and Rs. 6000/- on promissory notes executed in their favour in and by which the first respondent agreed to repay the same with interest at 24% per annum. Towards the promissory note executed in favour of the first petitioning creditor, no amount has been paid. But it is said that towards the second promissory note in favour of the second petitioning creditor, a sum of Rs. 1000/- and interest up to 17-4-1976 is said to have been paid. The balance amount due and payable under the above said two promissory notes still remained unpaid. As on the date of the filing of the petition, it is said that a sum of Rs. 10,675/- in all is payable by the debtor-first respondent



















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