JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 75 of Provincial Insolvency Act, against the order, dated 09.09.2021, passed in I.A.No.20 of 2018 in I.P.No.37 of 2017, on the file of the Additional District Judge (FTC), Theni.)

1. This Civil Miscellaneous Appeal has been filed against the order, dated 09.09.2021, passed in I.A.No.20 of 2018 in I.P.No.37 of 2017, on the file of the Additional District Judge (FTC), Theni. The appellant herein is the respondent in I.A.No.20 of 2018 and creditor-petitioner in I.P.No.37 of 2017. The respondent herein is the petitioner in I.A.No.20 of 2018 and third respondent in I.P.No.37 of 2017.

2. Brief substance of the petition filed by the petitioner, in I.A.No.20 of 2018 in I.P.No.37 of 2017, is as follows:

2.1. The petitioner is the third respondent in I.P.No.37 of 2017. The main petition was filed by the respondent, to adjudicate the first respondent in the main petition as insolvent and to vest his properties, as on the date of the filing of I.P. No. 4 of 2015 in the hands of the official receiver for sale and an equitable distribution of proceeds amongst his creditors in accordance with law and costs. There was no