Dwarika Prasad Bhatnagar v. Damodar Swarup Official Receiver

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1967 Supreme(Online)(All) 24

ALLAHABAD HIGH COURT
, J
Dwarika Prasad Bhatnagar v. Damodar Swarup Official Receiver

Advocates:
For the Appellants/Petitioners: Mr. Narendra Kumar
For the Respondents: Mr. Santosh Kumar, Mr. R. K. Gulati

Table of Content
1. overview of the insolvency proceedings and initial objections. (Para 1 , 2)
2. arguments concerning the applicability of section limitations and the jurisdiction of the receiver. (Para 3 , 4)
3. determination on the powers of the court regarding property exemption and the effect of adjudications. (Para 5 , 6 , 7 , 8 , 9)
4. final decision allowing the appeal and addressing property exemption. (Para 10)

1. This is an insolvent's second appeal from an order of the Additional District Judge Meerut confirming in appeal the order of the insolvency court dismissing as time barred his objection that certain properties are not liable to be attached and sold. A petition was filed before the Insolvency Court at Meerut for adjudging the appellant Dwarka Prasad Bhatnagar as insolvent. He resisted and filed an objection which was dismissed on 6th January 1959. The creditors filed an appeal before the District Judge During the pendency of this appeal the appellant filed an application conceding that he was unable to pay off his debts and praying that the appeal be allowed and he be adjudged as insolvent, and also praying for the appointment of an official receiver to take possessi