(1.) This appeal was heard by the Officiating Chief Justice (Rajamannar O. C. J. as he then was) and myself on 4th February 1948, and as we felt that the decision of a Bench of this Court in Mrs. Evelyn Popaly v. Official Assignee, Madras, I. L. R. (1938) Mad. 72: (A. I. R. (24) 1937 Mad. 775) which was followed by the learned trial Judge required reconsideration, we referred the matter to be heard by a Bench of three Judges. The order we then made is as follows :
(2.) The appeal is against the order of Clark J. passed on a notice of motion taken out by the Official Assignee of Madras, under Section 7, Presidency Towns Insolvency Act to obtain a declaration that property No. 10, West End Street, Gopalapuram, belongs to the insolvent, and that the respondent (wife of the insolvent) is only a benamidar of the insolvent in respect thereof. Before the learned Judge the motion was not tried on the merits, and the heating was confined to a consideration of two preliminary objections raided on behalf of the respondent in the motion. The preliminary objections were overruled by the learned Judge, and he directed that the application should be tried on merits.
(3.) The two preliminary objections raised were (1) that the proceedings were barred by the proviso to Section 7, Presidency Towns Insolvency Act, and (2) that it is not a fit case for disposal under Section 7 of the Act as it raises complicated questions of fact regarding property of considerable value.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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