ALI D. GANDHI Vs. S.L. THAKURDAS

JUDGEMENT

(1.) Some rather interesting questions of general public importance have arisen under the Presidency-towns Insolvency Act of 1909 and these questions require to be determined in the several notices of motion grouped together for hearing.

(2.) The basic question concerns the grounds of defences open to a judgment-debtor at the state of insolvency notice issued to him under section 9A of the Act (Act III of 1909) in its application to Bombay. But the more specific question which requires to be considered is whether events which may have taken place after the issue of the notice and in particular after the period specified in the insolvency notice is over, can nevertheless be considered by the Court for the purpose of deciding the validity of the insolvency notice.

(3.) Now, it may be stated that there are conflicting decisions of single Judges of this High Court sitting as Judges assigned to do insolvency work under section 4 of the Act.