OFFICIAL RECEIVER SALEM Vs. DR K CHANDRASEKARAN

JUDGEMENT

(1.) OFFICIAL Receiver, Salem representing the General Body of Creditors of the Insolvent C. Kishore Kumar is the revision petitioner in this revision petition.

(2.) I.P. 36 of 1993 was filed by M/s. Kamal Enterprises by sole proprietor Kamal Kumar Singhi to adjudicate Kishore Kumar as insolvent. In I.A. 53 of 1993, Official Receiver, Salem was appointed on 27.1.1994 and by order dated 3.2.1994 declared him as insolvent and all his properties vested in Official Receiver. It is seen that Kishore Kumar had executed a sale deed in favour of second respondent herein on 15.10.1993 pursuant to decree in O.S. 797 of 1992 and first respondent also obtained decree. Though the suit is instituted earlier, decree is subsequent to initiation of insolvency proceedings. It is also seen that he has also entered into an agreement for sale with third respondent.

(3.) IT is found by lower Court that the position of Kamal Kumar Singhi and his wife is similar to that of plaintiff. But lower Court is also very clear that they cannot be equated with the plaintiff.