RADHA Vs. RAMALINGAM

JUDGEMENT

(1.) CHALLENGING the order dated 06.08.2007 made in IA No.240 of 2006 in Insolvency Petition No.1 of 2006 on the file of the learned District Judge, Cuddalore, allowing the petition thereby restraining the respondents therein from causing bodily injury or arresting, harassing or threatening the 1st respondent herein, the petitioner who is the 1st respondent in the said Interlocutory application has come forward with this Civil Miscellaneous Appeal.

(2.) THE 1st respondent herein has filed Insolvency Petition No.1 of 2006 seeking to declare herself as insolvent and the said Insolvency Petition is still pending. Along with the said Insolvency Petition, the 1st respondent filed I.A.No.240 of 2006 under Section 4 and 23 of the Provincial Insolvency Act seeking interim protection pending disposal of the Insolvency Petition. THE said petition was resisted by the petitioner herein on many grounds including that the Court has no jurisdiction to grant any such interim protection. Having considered the rival submissions, the Lower Court allowed the Interlocutory application thereby granting the relief as prayed for.

(3.) THE learned counsel also relies on the judgment of the Division Bench of Calcutta High Court in Jewraj Kharewalla Vs. Lalbhai Kalyanbhai and Co. reported in AIR 1926 Calcutta 1011 and also the Judgment of Lahore High Court in Basheshar Das Vs. Central Co-operative Bank Ltd., Lahore reported in AIR 1934 Lahore 113 wherein the Court had followed the Division Bench judgment of the Madras High Court. THE learned counsel also relies on another judgment of the learned single Judge of the Andhra Pradesh High Court in Sanapala Narasamma and others Vs Mallana Laxminarayana and others reported in AIR 2000 Andhra Pradesh 219 wherein also reference has been made to the above Division Bench judgment.