SAMAR GHOSH Vs. RAMBARAN SINGH

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of an alleged debtor in a proceeding under Section 13(2) of the Provincial Insolvency Act ("Act") and is directed against Order No. 3 dated April 1, 2005 passed by the Additional District Judge, 9th Court, Alipore in Insolvency Case No. 198 of 2005 thereby allowing an application under Section 20 of the Act by appointing the Official Receiver, South 24-Parganas as interim receiver to the estate of the appellant with a direction to realise a sum of Rs.2,000/- a month from the salary of the appellant from that month onwards until further order through the disbursing authority viz., Branch Manager, Bank of Baroda, Camac Street Branch and the disbursing authority was directed to deposit the amount with the Official Receiver month by month.

(2.) The respondent herein filed an application under Section 13(2) of the Act for adjudicating the appellant as a debtor on the following allegations :-

(3.) The respondent in connection with the said proceeding came up with an application under Section 20 of the Act thereby praying for appointment of the Official Receiver, South 24-Parganas as receiver for realising Rs. 2,000/- a month from the salary of the appellant through garnisi.