SIDICK HAJI HUSEIN Vs. OFFICIAL ASSIGNEE OF BOMBAY

JUDGEMENT

(1.) THIS is an appeal from an order made by Mr. Justice Kania in, Insolvency.

(2.) THE application is by notice of motion made in Insolvency No.169 of 1911 and asks for an order that the Official Assignee of Bombay do pay to the debtor two sums of Rs. 10,208-5-8 and Rs. 20,854-2-7 appertaining to the estate and transferred by the Official Assignee to the unclaimed dividend capital account on August 13, 1928.

(3.) THEN, under Section 123 of the Act, as amended, it is provided that any person claiming to be entitled to any monies paid to the account and credit of the local Government may apply to the Court for an order for payment to him of the same; and the Court, if satisfied that the person claiming is entitled, shall make an order for payment to him of the sum due.