ARNOLD JACOB AARON Vs. RAMTA SINGH

JUDGEMENT

(1.) The Appellant before us was the creditor of the Respondent, originally to the extent of Rs. 29,500 and odd, out of which he was able to realise Rs. 20,000 and the balance, namely, Rs. 9,500 and odd, remained outstanding. Being unable to realise this amount, he applied to the court below under Section 7 of the Provincial Insolvency Act, 1920, for adjudication of the debtor Respondent as insolvent. This application was made on September 15, 1959, and upon that application, an order of adjudication was made by the court below ex parte, the debitor Respondent not appearing, on December 14, 1959.

(2.) By that order, apparently, June 1, 1960, was proposed to be the date for application of the debtor for final discharge. The order, however, did not expressly mention the same and there was some confusion over this matter, but, eventually, it was rectified and, by the order of the count below, dated January 30, 1960, it was specifically provided that the debtor should apply for discharge within June 1, 1960, directing, also in express terms, necessary and consequent modification of the earlier order.

(3.) As contemplated by law, during the pendency of the above proceeding, the Official Receiver was appointed Receiver of the insolvent's estate and there were some attempts, made by the said Official Receiver, at the instance of the petitioning creditor, to ascertain and bring before the court the properties of the insolvent. The said attempts, however, proved unsuccessful but the creditor Appellant was repeatedly applying before the court below to the effect that the taxi, bearing No. W.B.T. 433, belonged to the insolvent debtor and should be proceeded against by the Official Receiver, as his (the debtor insolvent's) property, for the purpose of the present proceeding.