NAWRATAM PUROHIT Vs. ARVIND AGARWAL

JUDGEMENT

(1.) NEITHER the insolvent nor the creditor at whose behest the insolvency proceedings were launched are represented even at the second call. Affidavits have been used both by the insolvent and the creditor at whose behest the debtor was declared insolvent.

(2.) THE order declaring the debtor insolvent was made on June 13, 1995 and after recording the submissions made on behalf of the parties, the following finds mention in the order :-

(3.) THE present applicant is a decree holder. The present applicant says that the acts of insolvency enumerated in Sectioni 9 of the Presidency Towns Insolvency Act, 1909 requires to be adjudicated upon by court and the Court's satisfaction has to be recorded before the declaration of a debtor as insolvent.