BONAGIRI YELLALU Vs. NAGULVARAM CHENCHU SUBBAIAH

JUDGEMENT

(1.) The respondent herein filed an application under Sections 10 (1) (c), 13 (1) and 20 of the Provincial Insolvency Act alleging inter alia that he is a debtor and is indebted to the persons mentioned in Schedule A. He has property mentioned in Schedule B. He being unable to discharge the debts, he wanted himself to be adjudicated as an insolvent.

(2.) The petition was resisted by the 1st respondent therein. His main contention was that the debts contracted were bogus and the creditors were mostly the petitioners relatives. He asserted that the petitioner was in a position to pay the debts of the creditors. He asserted that the petitioner was in a position to pay the debts of the creditors. He sold some of the property and therefore he had cash also.

(3.) The learned Subordinate Judge after making a proper enquiry held that the petitioner is in a position to discharge the debts and as a result dismissed the application.