K MURALI SANKAR Vs. K KARUPPIAH KONAR

JUDGEMENT

(1.) THE present Civil Revision Petitions have been filed under Article 227 of the Constitution of India, challenging the insolvency proceedings initiated by the contesting respondents viz., K.Karuppiah Konar and L.Mayandi Konar, in I.P. Nos.1 to 3 of 2008 on the file of the Principal District Munsif Court at Srivilliputhur, for adjudicating the petitioner herein along with his brother and sister, arrayed as R1 to R3 therein, as insolvent persons for non-payment of debts borrowed by their deceased father from the contesting respondents.

(2.) EVEN though the contesting respondents were duly served, they have neither chosen to appear in person nor were represented through counsel for prosecuting the cases of the year 2008; therefore, the petitions which are inter-connected have been taken up for joint disposal and decided on merits by this Common Order, of course, after hearing the learned counsel appearing for the petitioner.

(3.) THE only issue that arises for consideration in these Civil Revision Petition is whether the trial court is justified in taking on file the Insolvency Petitions filed by the petitioning creditors against the petitioner/legal heir of the alleged debtor in the light of the specific case of the petitioner that none of the conditions as stipulated in Section 9 of the Act have been complied with and when there is no piece of material available even to suggest that the original debtor ever borrowed any amount from the petitioning creditors.