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2009 Supreme(Mad) 2510

T.SUDANTHIRAM
Radha – Appellant
Versus
Ramalingam – Respondent


Advocates Appeared:
For the Petitioner:S.K. Rakhunathan, Advocate. For the Respondent:S.K. Rakhunathan, Advocate.

Judgment :-

Challenging the order dated 06.08.2007 made in IA No.240 of 2006 in Insolvency Petition No.1 of 2006 on the file of the learned District Judge, Cuddalore, allowing the petition thereby restraining the respondents therein from causing bodily injury or arresting, harassing or threatening the 1st respondent herein, the petitioner who is the 1st respondent in the said Interlocutory application has come forward with this Civil Miscellaneous Appeal.

2. The 1st respondent herein has filed Insolvency Petition No.1 of 2006 seeking to declare herself as insolvent and the said Insolvency Petition is still pending. Along with the said Insolvency Petition, the 1st respondent filed I.A.No.240 of 2006 under Section 4 and 23 of the Provincial Insolvency Act seeking interim protection pending disposal of the Insolvency Petition. The said petition was resisted by the petitioner herein on many grounds including that the Court has no jurisdiction to grant any such interim protection. Having considered the rival submissions, the Lower Court allowed the Interlocutory application thereby granting the relief as prayed for.

3. The main ground raised by the petitioner before this Court is that
















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