Gopal Sri Ram JCA:

[1] This is the judgment of the court.

[2] This appeal is directed against an order of the High court dismissing the appellant's application to set aside the bankruptcy notice issued by the respondent judgment creditor. The brief facts are as follows. Following a trial in the sessions court where both parties were represented by counsel, that court entered judgment against the appellant on a guarantee given as security for a loan given to the principal debtor who is not before us in this appeal.

[3] The appellant has appealed against the judgment of sessions court and that appeal is now pending before the High court. In the meantime, the respondent judgment creditor took out the bankruptcy notice now under attack.

[4] In support of the appeal it has been submitted that the bankruptcy notice should be set aside for two reasons. First, because the judgment entered by the sessions court is for too much as it goes beyond the purview of the guarantee executed by the appellant. It follows, so the argument goes, that there has been a miscarriage of justice enabling the bankruptcy court to go behind the judgment in question. In support of this argument reliance has b