DASARI SRIHARI RAO Vs. TALLURI HARINADHA BABU

JUDGEMENT

(1.) Heard Sri B. Adinarayana Rao, Advocate for the appellant. The respondent herein filed I.P. No.6 of 1984 on the file of the Sub- Court, Bapatla to declare him as an insolvent. The appellant herein who is one of the respondent's-creditors opposed the said application on the ground that the respondent is guilty of suppression of facts as regards his assets and the insolvency application was filed only to evade the rightful debts. The Subordinate Judge, Bapatla having recorded a finding that the respondent herein had suppressed his assets and such failure would disentitle him to make an application and had dismissed his application by an order dated 10-8-1987 relying upon the judgment of a learned single Judge (Lakshmaiah, J.) of this Court in S. Siva Rama Rao v. Suresh Trading Company.

(2.) Aggrieved by the said judgment, the respondent filed A.S. No.145 of 1987 on the file of the District Judge, Guntur who by judgment dated 19-6-1989 had allowed the appeal holding that the suppression of assets would not disentitle the Debtor to file an application and declared the respondent herein as an insolvent relying upon the judgment of a learned single Judge of this Court (Gangadhara Rao, J.) in P. Dharma Rao v. Vatluru Co-operative Bank.

(3.) It is against the said judgment of the learned District Judge, this Civil Miscellaneous Second Appeal is filed and this Court while admitting the appeal by orders dated 13-7-1992 directed the matter to be listed before the Division Bench in view of the conflict of opinions between two learned single Judges of this Court and that is how the matter is posted before this Bench.