PRABIR KUMAR PATRA Vs. SHYAM SUNDAR GIRI

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. 18 dated 9th March, 2005 passed by the Additional District Judge, 13th Court, Alipore in Insolvency Case No. 468 of ,2004 thereby disposing of an application under Section 20 of the Act by appointing Official Receiver South-24 Parganas as interim receiver over the estate of the appellant.

(2.) The respondent herein filed the proceedings under Section 13(2) of the Act thereby giving rise to Insolvency Case No.468 of 2004 praying for adjudicating the appellant as insolvent and the case made out by the respondent may be summed up thus:

(3.) In connection with the aforesaid proceedings, the respondent came up with an application under Section 20 of the Act thereby praying for appointment of an interim receiver for the purpose of attaching the salary of the appellant. In the said application the respondent further alleged that appellant was working for gain as an employee under M/s. Syndicate Bank, Alipore Branch and was drawing a sum of Rs. 13,000/- a month and prayed for a direction upon the Bank Authority to deposit every month a sum of Rs.3,000/- to the Official Receiver.