ABDUL KHADER Vs. ABDULLAKUTTY

JUDGEMENT

(1.) Under challenge in this petition is the order passed by the learned Sub Judge, Ottappalam, dismissing an insolvency petition 4 filed by the petitioner. The petitioner approached the court for an order adjudging him insolvent alleging that his debts exceed his assets and he is unable to pay off the liabilities. According to him, he, who was conducting certain businesses, including a mill at Mannarkkad, became a debtor as his business ran into a debt trap. The Kerala State Electricity Board was one of the creditors who were arrayed as the respondents.

(2.) The learned Sub Judge, relying on Section 8 of the Provincial Insolvency Act, 1920, for short, the Act, found that the petitioner has no right to present the petition and accordingly, dismissed the same by the impugned order.

(3.) Arguments have been heard and the impugned order was perused.