IN RE: HAJI JAN MAHOMED HAJI Vs. STATE

JUDGEMENT

(1.) Haji Jan Mahomed Haji was previous to the 30th day of April 1909 carrying on business as a merchant in Bombay. Haji Ahmed Haji Sulleman, who alleges that he is a creditor of Haji Jan Mahomed, on the 30th of April last, presented a petition to the Officiating Chief Justice, who was then one of the vacation Judges, and obtained an order whereby the said Haji Jan Mahomed was adjudicated an insolvent. A vesting order was made, and he was ordered to file his Schedule within thirty days thereafter. The adjudicated insolvent is stated to have left Bombay and the petitioning creditor has not been able to serve the order of adjudication on him. The Official Assignee acting under the vesting order has taken possession of a piece-goods shop belonging to Haji Jan Mahomed. The shop contains goods of large value.

(2.) On the 18th of June 1909 Mr. Robertson, on behalf of his client Haji Jackeira Haji Ahmed Patel, applied to me for a rule calling upon the petitioning creditor to show cause why the order of adjudication obtained by him should not be "reviewed" or revoked."

(3.) The adjudicating creditor in his petition had stated that Haji Jan Mahomed on the 20th of April 1909, when he was in hopelessly insolvent circumstances, had with intent to delay and defeat his creditors fraudulently assigned over to Haji Jackeira Haji Ahmed Patel, his friend and his daughter s father-in-law, by way of mortgage all his property movable and immovable in British India in order to secure an alleged debt of three lacs and fifty thousand rupees.