K DEVIDAS PAI Vs. P Y MAIANKAR

JUDGEMENT

(1.) This is an appeal against the order dated 15/11/1996 rejecting the insolvency petition No. 1 /1996 moved by the appellant for adjudging the respondent No. 1 as an insolvent under section 7 of the Provincial Insolvency Act, 1920 before the Court of Additional District Judge at Panaji.

(2.) The appellant contended that the respondent No. 1 with intent to defeat or delay his creditors including himself and others

(3.) The respondent No. 1 took exception to the petition on the ground of want of notice envisaged under section 6(2) of the Provincial Insolvency Act, 1920 (hereinafter referred to as 'the Acf). Hinting at the crux of the matter, the then learned District Judge, Panaji overruled the said exception with the observation that prima facie the insolvency complained was found to be covered by section 6(l)d of the Act and, therefore, the question of giving prior notice to the respondent No. 1 under section 6(2) of the Act did not arise.