PRAVINKUMAR MINOR Vs. R SIVAGNANAM

JUDGEMENT

(1.) THIS is a petition under S. 9(2) of the Presidency Towns Insolvency Act 1909 (for short, the Act) to adjudicate the respondent-debtor as an insolvent.

(2.) THE petitioning creditors filed O.S. 2307 of 1983 on the file of the VI Assistant Judge, City Civil Court, Madras, for declaration, recovery of posstssion and mesne profits and the suit ended in their favour, in the sense of granting the reliefs of declaration, recovery of possession and payment of mesne profits at the rate of Rs. 50 per month from the date of plaint till date of delivery of possesssion. THE judgment debtor, who suffered by the judgment and decree, agitated the matter by filing an appeal No. 635 of 1983 on the file of this Court. THE petitioning creditors also filed cross-objections regarding the quantum of mesne profits. THE appeal had been dismissed and the memorandum of cross-objections had been allowed by modification of the decree for mesne profits at the rate of Rs. 250 per mensem from the date of plaint till delivery of possession. Ex. P1 is the certified copy of the judgment in appeal and memorandum of cross objections Ex. P4 is the certified copy of the decree therein. THE respondent-debtor aggrieved by the same, preferred Civil App. 5728 of 1985 on the file of the Supreme Court along with Special Leave petition No. 11220 of 1984, wherein the Supreme Court granted stay of dispossession alone pending appeal and not in other respects. THEreafter, the petitioning creditors issued insolvency notice No. 12 of 1985 Ex. P3 demanding payment of mesne profits. THE respondent debtor received the same on 19-4-1986, but he did not comply with the same within the time stipulated therein. After a delay of 29 days, he took steps for setting aside the Insolvency Notice by filing Appn. No. 541 of 1986 along with Appn. No. 172 of 1986 for condoning the delay so caused in filing the application. This Court allowed both the applications as prayed for. THE aggrieved petitioning creditors preferred O.S.A. 26 of 1988 and the same had been allowed by setting aside the order in Appn. No. 242 of 1986. Ex. P2 is the certified copy of the order in O.S.A. 26 of 1988. THEreafter, the petitioning creditors were forced to file the present insolvency petition, as the respondent-debtor had not paid any amount towards mesne profits.

(3.) IN the result the petition is allowed adjudging the respondent as an insolvent with costs.