DEVENDRA KUMAR CHAUDHURY Vs. HIMANSHU RAY PAREKH

JUDGEMENT

(1.) This application under Art. 227 of the Constitution of India is directed against the order dated 20.12.2007 passed by learned Additional District Judge, 7th Court, Alipore in Insolvency Case No. 314 of 2005.

(2.) The petitioner-creditor filed an Insolvency Case 314 of 2005 under Sec. 13(2) of the Provisional Insolvency Act on 11.5.2005. In that proceedings the petitioner filed an application under Order 38 Rule 5. C.P.C. for attachment of the property of the debtor before judgment and obtained an order of attachment on 12.1.2006 and writ of attachment was issued on 31.1.06.

(3.) O.P. No. 2, the wife of O.P. No 1 the debtor filed an application before the learned Court as third party claiming herself as an owner of the property in respect of which writ of attachment was issued by the learned Court.