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1955 Supreme(All) 28

AGARWALA, MULLA
Rameshwar Swarup – Appellant
Versus
Surajmal Shyam Sunder – Respondent


Advocates:
R.C. Ghatak, for Appellant; Radha Krishna, for Respondents.

Judgement

AGARWALA, J.:- These are 8 connected appeals arising out of two insolvency petitions filed by two creditors against the same debtor. The facts briefly stated are as follows:

Two persons Govind Ram and Gopal Das carried on a business of supplying goods to order at Farrukhabad under the name and style of Ram Swarup Govind Ram. They set out to swindle a large number of persons in different places by pretending to be able to supply a large stock of various commodities. They would offer to supply goods against payment of 50 per cent. of the price which was to be paid against Railway Receipts of the goods on condition that the balance of 50 per cent. was to be paid as and when the goods were sold by the consignees.

This being a very tempting offer, attracted many persons who on getting Railway Receipts paid various amounts of moneys to Govind Ram and Gopal Das. It, however, turned out that the Railway Receipts were bogus as they were not in respect of any real goods. When the customers discovered the fraud, they rushed to the criminal Court and obtained orders for freezing of the money paid by them to these persons and later on two sets of creditors filed insolvency petitions agai























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