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1950 Supreme(Mad) 292

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.P.V. Rajamannar, Chief Justice and Mr. Justice Viswanatha Sastri,JJ.
Mallampati Kondayya.
Versus
The Official Receiver, Nellore.
Letters Patent Appeals Nos. 58 and 59 and 71 to 74 of 1950.
Decided On : 29 September 1950

Advocates:
M.S. Ramachandra Rao for Appellant.
K. Krishnamurthi for Respondent.
T. Lakshmiah and K. Srinivasamurthi for Appellant.
M.S. Ramachandra Rao, M. Krishna Rao and V. Parthasarathi for Respondents.

Order of refusal for transfer of a case adjustment open to appeal under Clause 15 of Letters Patent.

Headnote:Code of Civil Procedure, 1908-Section 24 -High Court has jurisdiction to transfer an insolvency proceedings in a Moffusil Court to the original side of the High Court.

       

Viswanatha Sastri, J.-These five appeals under Clause 15 of the Letters Patent arise out of orders passed in the course of an insolvency petition I.P.No.3 of 1949 on the file of the Court of the Subordinate Judge, Nellore. One China Kondiah was adjudicated an insolvent in I.P.No.3 of 1949 on 12th October, 1949 on a creditors’ petition. The Official Receiver of Nellore filed I.A.No.208 of 1950 in I.P.No.3 of 1949 for a declaration that an assignment of the insolvent’s rights under a timber contract made by him in favour of his brothers-in-law was collusive, nominal and devoid of consideration and that the insolvent retained the benefit of the said contract. He also applied for an order setting aside the assignment and for being put in possession of the timber which was the subject-matter of the contract. The Official Receiver also filed another application I.A.No.209 of 1950 for taking possession of logs of timber alleged to have been cut and transported by the assignees from the insolvent but which really belonged to the insolvent. The learned Subordinate Judge appointed an advocate of Rajahmundry as a Commissioner to take possession of the logs of timber claimed to belong to the insolvent. Thereupon the appellants in L.P.A.No.58 and 59 of 1950 applied in I.A.No.276 of 1950 for an order that the timber from Coupes Nos. 46 and 36 belonged to them under contracts entered into by themselves and were therefore not liable to be seized by the Commissioner. The Court by its order directed the commissioner to take charge only of those logs of timber bearing the mark “Coupe No.19” without interfering with logs bearing mark “Coupe No.36 and 46”. The learned Judge also directed that all other logs not bearing mark “Coupe No. 19” should be released by the Commissioner. This order was passed on 6th April, 1950.

The Official Receiver of Nellore applied to this Court during the midsummer vacation in C.M.P.No.4393 of 1950 and C.M.P.No.4394 of 1950 for a transfer of I.P.No.3 of 1949 from the Court of the Subordinate Judge of Nellore to this Court, for an order directing the Commissioner who had already been appointed by the Subordinate Judge’s Court of Nellore to seize the logs of timber which bore no number but which the Official Receiver alleged belonged to the insolvent, and for a further order for retransmission of the records to the Court of the Subordinate Judge of Nellore immediately this Court made an order giving directions to the Commissioner. The Court of the Subordinate Judge of Nellore happened to be closed for the midsummer holidays and therefore these applications were filed in this Court and were dealt with by Basheer Ahmed Sayeed, J. C.M.P.No. 4393 of 1950 was ordered and the records of I.P.No.3 of 1949 were called for. C.M.P. No. 4394 was also ordered and the Commissioner was directed to seize all logs which did not bear any coupe number, in addition to the logs which bore Coupe No.19. The records in I.P.No.3 of 1949 were also directed to be retransmitted to the Sub-Court, Nellore. These orders were made by the learned vacation Judge ex parte on 3rd May, 1950. Against these two orders, L.P.A.Nos. 58 and 59 of 1950 have been filed by the assignees from the insolvent of his rights under the timber contract. A person professing to be a creditor of the insolvent filed C.M.P. Nos.5333 to 5335 of 1950 on the file of this Court for calling for the records in I.P.No.3 of 1949 to this Court for a direction that the Commissioner appointed in I.P.No.3 of 1949 should be directed to seize all logs except those bearing Nos. 36 and 46, for the removal of the Commissioner already appointed by the learned Subordinate Judge of Nellore and for the appointment of a fresh Commissioner in his stead. These petitions also came on for disposal before Basheer Ahmed Sayeed, J., who passed an order ex parte in C.M.P.No.5334 of 1950 on 14th June, 1950 appointing Mr.Yella Reddi, an advocate of Rajahmundry, as an interim Commissioner pending the disposal of









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