(1.) THE Petitioning creditor has invoked the provisions of The Presidency Towns Insolvency Act, 1909 (for short, the Insolvency Act).
(2.) THE basic facts are as under :
(3.) ON 8 September, 2006, the Petitioning Creditors obtained the Recovery Certificate No. 2192 of 2006, against the Debtor, for Rs. 6,83,055.00, with interest thereon @ 17.5% from 1 st April, 2006 till payment. The copy of the said Recovery Certificate was served upon the Debtor, not upon the respondent who is not the original debtor.