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2012 Supreme(Mad) 3487

R.S.RAMANATHAN
D. J. Rajendran – Appellant
Versus
K. Kathirvel – Respondent


Advocates:
Advocate Appeared:
For the petitioner:S.V. Jayaraman, Senior Counsel for T. Dhanasekaran, Advocate.
For the Respondent:R1 - D. Francis Rozario, Advocate.

Judgment :-

1. The second respondent in I.P.No.63 of 2009 on the file of the Sub Court, Salem is the revision petitioner.

2. The first respondent-creditor filed I.P.No.63 of 2009 against the second respondent-debtor and the revision petitioner to adjudicate the second respondent herein as insolvent. In that petition, the first respondent filed I.A.No.103 of 2009 for the appointment of interim receiver under section 20 of the Provincial Insolvency Act and that application was allowed and the Official Receiver, Salem is appointed as Interim Receiver to take immediate possession of the petition mentioned property belonging to the insolvent and that order is challenged in this revision by the second respondent.

3. Learned Senior Counsel Mr.S.V.Jayaraman appearing for the revision petitioner submitted that even according to the petitioner, the second respondent-debtor had sold the property to the revision petitioner, who is the second respondent in the Insolvency Petition filed by the first respondent herein, on 9.10.2009 and the Insolvency Petition was filed by the first respondent herein on 8.12.2009. He, therefore, submitted that even before filing of the petition to adjudicate the









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