STATE BANK OF INDIA Vs. SOHANLAL BABULAL JAIN

JUDGEMENT

(1.) THE appellants - State Bank of India decree-holder and as a result of non compliance of the decree in their favour, they initiated action against the Judgment-debtor under the Provisions of Presidency-Town Insolvency Act, 1909 (hereinafter referred to as the said "act") and as a step therein, the Court issued a notice to the Judgment-debtor under the provisions of the said Act. The notice in question which the appellants got issued, there was a mis-description of the Judgment-debtor. This aspect was highlighted and focused by the Judgment-debtor before the Insolvency Court and the judgment-debtor objected that the process issued against him was illegal by moving an application by way of Notice of Motion. The Insolvency Court which heard the said application of the Judgment-debtor found favour with the objection raised by and on behalf of the Judgment-debtor and struck down the Insolvency Notice by Judgment dated 4th October, 1994 which is impugned in this appeal.

(2.) WE have heard the learned Counsel for the appellants and perused the impugned Judgment of this appeal and also the other related record being part of this appeal paper book.

(3.) THE correct name of the Judgment-debtor is "sohanlal Chunilal Jain". However, in the Insolvency Notice which the appellants got issued, the Judgment-debtor was described as "sohanlal Babulal Jain". It would thus be noticed that the name of the father of the Judgment-debtor was wrongly mentioned.