RAMCHAND BHOJRAJ Vs. RAMCHAND HOODRAJ

JUDGEMENT

(1.) THIS is a Notice of Motion taken out by the Insolvent asking for an order of annulment of his insolvency and in the alternative for an order that all the debts provable in insolvency except the debt of Canara Bank are discharged under the provisions of the Maharashtra Debt Relief Act, 1975, In his affidavit in support the Insolvent has stated that he was doing business in partnership till 1969. During the time that he was doing business in partnership, his income was never more than Rs. 500.00 per month. From 1969 the Insolvent was in financial difficulties and since 1970 the insolvent has not earned anything and he hag not done any work since 1970. An order of adjudication was passed against the Insolvent on 16-4-1975. The Insolvent has also stated that he has an undivided 1/4th share in an immoveable property at Khar, which share has been mortgaged for Rupees 25,000.00. He has further stated that the value of his undivided 1/4th share in the immoveable property as on 22-8-1975 will not be more than Rupees 20,000.00.

(2.) ACCORDING to the Insolvent, he was a worker within the definition of a "Worker" under Section 2 (o) of the Maharashtra Debt Relief Act and hence under Section 4 of the Maharashtra Debt Relief Act all his debts except the debt due to Canara Bank are discharged. Section 2 (o) of the Maharashtra Debt Relief Act is as follows :