SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(Mad) 3260

M.Y.EQBAL, P.JYOTHIMANI, K.B.K.VASUKI
Ramalingam – Appellant
Versus
Radha – Respondent


Advocates Appeared:
For the Petitioner:S.K. Rakhunathan, Advocate.
For the Respondents:R1, R. Muralidharan, Advocate.

JUDGMENT :-

The Hon'ble The Chief Justice, P. JYOTHIMANI, J. and K.B.K. VASUKI, J.)

1. The above Civil Miscellaneous Appeal is filed by the creditor against the interlocutory order dated 6.8.2007 passed in I.A.No.240 of 2006 in I.P.No.1 of 2006 filed by the first respondent in the appeal on the file of the learned Principal District Judge, Cuddalore granting an order of protection restraining the appellant and respondents 2 to 5 from arresting or harassing or threatening the first respondent with both legal and out of court action and from detaining her in prison till the disposal of the insolvency petition.

2. The question that arose for consideration before the learned Single Judge was as to whether the insolvency Court is empowered to pass such interim order of protection before the order of adjudication is made by the insolvency Court.

3. Admittedly, the first respondent has filed the Insolvency Petition to declare herself as insolvent and adjudication has not been commenced. Pending the decision in the Insolvency Petition, she has moved the above said interlocutory application under Section 4 of the Provincial Insolvency Act, 1920 (for brevity, "the Act") for the protection state













































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top