SURE VENKATESHWARLU Vs. MORE GOVERDHAN

JUDGEMENT

(1.) This revision petition is filed questioning the order passed by the Court below in I.A. No. 862/1999 in I.P. No. 22/1999, in rejecting to grant interim protection of the insolvency petitioner till the diposal of the I.P. and also for his release from the custody of the bailiff as per the orders passed by the learned Junior Civil Judge, Miryalguda in I.A. No. 93/1999 in O.S. No.1/1999.

(2.) The brief facts are that the 4th respondent herein filed a suit against the petitioner for recovery of money in the Court of Junior Civil Judge, Miryalguda and sought for attachment of immovable properties of the petitioner before judgment. The said Court passed a conditional order to furnish security. But the petitioner failed to furnish any security and sought for week's time from that Court. But in the meanwhile, he sold away the property to third party under a registered document. Then the 4th respondent again filed another petition in I.A. No. 93/1999 under Order 38 Rule 1 C.P.C. to issue arrest warrant against the petitioner before judgment and accordingly arrest was ordered and when the petitioner was called upon to furnish security, he appeared before that Court and again took time, but failed to furnish any security and as such the petitioner was sent to civil prison. Then the petitioner preferred a civil revision petition before this Court and this Court allowed the revision petition on condition that the petitioner shall furnish security to that Court within four weeks. However, this court observed that in case of default, the revision stands dismissed. However in order to get over the order of the Junior Civil Judge as well as the High Court, the petitioner filed the present I.P. and also filed an interiom application seeking protection from the Court under S. 23(1) of the Provincial Insolvency Act, till the disposal of the I.P. But eventually the same was dismissed and challenging the same, the present revision petition is filed.

(3.) Obviously in order to circumvent the said orders, namely the orders of the Junior Civil Judge, Miryalguda in I.A. No. 93/1999, and the order passed by the High Court in revision, the petitioner had filed the present I.P. before the Senior Civil Judge, Miryalguda and in that I.P., he has filed the present application seeking interim protection under S.23 of the Provincial Insolvency Act.