RAMALINGAM Vs. RADHA

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal is filed by the creditor against the interlocutory order dated 6.8.2007 passed in I.A. No. 240 of 2006 in I.P. No. 1 of 2006 filed by the first Respondent in the appeal on the file of the learned Principal District Judge, Cuddalore granting an order of protection restraining the Appellant and Respondents 2 to 5 from arresting or harassing or threatening the first Respondent with both legal and out of court action and from detaining her in prison till the disposal of the insolvency petition.

(2.) The question that arose for consideration before the learned Single Judge was as to whether the insolvency Court is empowered to pass such interim order of protection before the order of adjudication is made by the insolvency Court.

(3.) Admittedly, the first Respondent has filed the Insolvency Petition to declare herself as insolvent and adjudication has not been commenced. Pending the decision in the Insolvency Petition, she has moved the above said interlocutory application under Section 4 of the Provincial Insolvency Act, 1920 (for brevity, "the Act") for the protection stated above.