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G. ANUPAMA CHAKRAVARTHY
Donthi Srihari Donthi Kailasam – Appellant
Versus
Ch. Devarajam – Respondent
ORDER :
1. This revision petition is arising out of the orders in I.A. No. 361 of 2010 dated 19th October 2010 in I.P. No. 8 of 2003 on the file of Senior Civil Judge, Jagtiyal.
2. The revision petitioner has filed insolvency petition before the Senior Civil Judge’s Court, Jagtiyal. His case before the trial Court was that he used to run a retail wine shop under the name and style of ‘Himalaya Wines’ at Mallapoor, which was taken on lease from one Nagula Gangadhar by borrowing amounts from the respondents to a tune of Rs. 4,85,000/-. There were 17 respondents arrayed in the insolvency petition. It is the further case of the revision petitioner that he gave Rs. 50,000/- to the original owner as goodwill and paid Rs. 3,00,000/- rentals to the Government. It is the specific contention of the revision petitioner that the villagers of Mallapoor Ikya Sangham demanded Rs. 1,00,000/- from him for development of the village and as he refused to pay the said amount, they passed a resolution not to purchase liquor from his shop and for a period of one month, there was no business for him.
3. Later, the petitioner agreed to give Rs. 50,000/- to the Ikya Sangham and that the customers of the shop
Insolvency petitions should not be dismissed for non-prosecution if rights are accrued to the creditors, and properties of a person seeking insolvency should not be auctioned or distributed without t....
Debtor must prove inability to pay debts and comply with procedural requirements under the Provincial Insolvency Act, 1920.
The making of an order of adjudication by the Insolvency Court is a prerequisite for any other Court to exercise power under Section 29 of the Insolvency Act.
scope of jurisdiction under Rule 33 of Order XLI C.P.C. is so wide enough to do complete justice to the parties and it can be even extended based on any subsequent events.
The Insolvency Court lacks jurisdiction to annul transactions if the debtor has not been legally adjudicated as insolvent, rendering such annulments void.
The burden of proving the contrary in insolvency proceedings is on the debtor, and the legal provisions create a presumption that the debtor has committed an act of insolvency if he fails to comply w....
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