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1942 Supreme(Mad) 412

HORWILL
Yerabalu Chennabasappa – Appellant
Versus
The Official Receiver of Bellary – Respondent


JUDGMENT

Horwill, J.

1. The appellant was adjudicated an insolvent, but because he did not apply for discharge within the time allowed, his adjudication was annulled. In annulling the adjudication the Insolvency Court passed an order continuing the property in the Official Receiver.

2. The primary duty of the Official Receiver being to realise the property and sell it and to distribute the proceeds, he advertised the property for sale; and on the day before the sale took place the insolvent put in an application asking for two reliefs; one to stay the sale, and the other to scale down the debt. The application, as far as the prayer for stay was concerned, was dismissed; but the application to scale down was adjourned. The sale took place on the advertised date; and ten days later, on 14th March, 1941, the insolvent put in another application to stay all further sale proceedings and to set aside the sale on account of certain irregularities. As that application, too, was dismissed, the insolvent carried the matter in appeal to the District Judge, who dismissed his application on several grounds. One was that the insolvent had no locus slandi; because he was not an interested party. Ano









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