1.With the consent of learned advocates for the respective parties, present appeal is taken up for final disposal today.

2.This second appeal filed u/s 100 of the CPC challenges judgment and order dated 22.2.2023, whereby the learned Additional District Judge, Bhachau confirmed the order dated 9.3.2022 passed by the learned Principal Senior Civil Judge, Bhachau dismissing Insolvency Petition filed by the petitioner herein under the provisions of the Provincial Insolvency Act, 1920 (in short “the Act”) on the ground that on unveil of the Act, the insolvency petition is not maintainable under the provisions of the Act. An appeal u/s 75 of the Act being RCA No.3 of 2022 was filed before the learned appellate Court, which also came to be rejected.

3.Heard learned advocates appearing for the respective parties.

4.The facts, which could be noticed fro the pleadings, are that the petition filed insolvency petition u/s 9 of the Act claiming following relief:-“a. The Respondent be adjudged and declared insolvent under the provisions of The Provincial Insolvency Act, 1920 .

b. The ad interim receiver be appointed with all necessary powers under The Provincial Insolvency Act, 1920 to take