PRAVIN KUMAR MINOR Vs. R SIVAGNANAM

JUDGEMENT

(1.) THIS appeal arises out of the insolvency proceedings. The appellants before us moved an application under Sec. 9 (2) of the Presidency towns Insolvency Act, 1909, seeking to issue notice under the said Act on the ground that the decree in O. S. No. 2307 of 1973 as modified in A. S. No. 635 of 1983 has not been satisfied. Though the suit is of the year 1973, a sum of Rs. 23,600 is due and payable towards mesne profits. No doubt Civil Appeal No. 5728 of 1985 has been preferred and in S. L. P. No. 11220 of 1985 stay of dispossession has been ordered. But that does not mean the finality of the decree is lost, nor again is there any bar in the execution of that part of the money decree in relation to mesne profits. The respondent put forth the order of interim stay made by the Supreme Court on 9. 1. 1985 and contended that as such no notice can be issued under the Insolvency Act.

(2.) THE learned Judge (S. T. Ramalingamj.) held that pending appeal before the Supreme Court should notice be issued to the respondent herein under the Presidency Towns Insolvency Act that will tarnish his image in public and therefore dismissed the application under Sec9 (2) and allowed the application under Sec 9 (5) to set aside the insolvency notice. This, the appeal before us.