USHA CHARAN BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Usha Charan Banerjee petitioned the learned District Judge, 24-Parganas for adjudication as insolvent. Items Nos. 1 and 3 to 9 of the list of pecuniary claims in schedule A attached to the petition are claims against him as surety for several accused persons in several criminal proceedings. The list is given in compliance with Section 13 (1) (d), Provincial Insolvency Act.

(2.) In course of the preliminary enquiry before the order of adjudication, the State of West Bengal contended that these claims are demands in the nature of un-liquidated damages and as such are not provable in insolvency. The learned District Judge accepted this contention and directed deletion of items 1 and 3 to 9 from Schedule (a) to the petition. Usha Charan Banerjee appeals from this order with the leave of this Court.

(3.) Before the impugned order was made the petition for adjudication had not been disposed of and Usha Charan had not been adjudicated as insolvent.