LALCHAND HIRACHAND GUJAR Vs. TULJARAM RAOJI GUJAR

JUDGEMENT

(1.) THIS is an application in revision against an order of the District and Sessions Judge of Satara holding that the appeal to him was incompetent. So the question raised is as to jurisdiction. The applicant was a creditor in the insolvency of the opponents, and he desired to prosecute the opponents under Section 69 of the Provincial Insolvency Act for fraudulent suppression of assets. He applied to the Court for leave to prosecute under Section 70 and the Insolvency Court refused leave. Against that refusal an appeal was brought in the District Court, and the question is whether an appeal lies under Section 75 of the Provincial Insolvency Act, Sub-section (1) of that section provides that The debtor, any creditor, the receiver or any other person aggrieved by a decision come to or an order made in the exercise of insolvency jurisdiction by a Court subordinate to a District Court may appeal to the District Court, and the order of the District Court upon such appeal shall be final.

(2.) SECTION 46 of the previous Provincial Insolvency Act of 1907 provided that- Any person aggrieved by an order made in the exercise of insolvency jurisdiction by a Court subordinate to a District Court may appeal to the District Court.

(3.) THE application is, therefore, dismissed.