NIRODE MOHAN CHATTERJEE Vs. INDU BHUSHAN GHOSH

JUDGEMENT

(1.) This appeal arises out of an order passed by the District Judge of 24 Parganas in connection with an insolvency case.

(2.) In order to understand the points in controversy involved in this appeal it is necessary to state the following facts :

(3.) Appellant Nirode Mohan Chatterjee filed an application in the Court of the District Judge, Alipore, 24 Parganas, under the provisions of the Provincial Insolvency Act for being adjudicated an insolvent. By an order passed by the learned District Judge on 8-6-1955, the Official Receiver who was Mr. Indu Bhusan Ghosh at the relevant time, was appointed interim Receiver under Section 20 of the Provincial Insolvency Act and he was! directed to take possession of all the assets of the prospective insolvent. The order-sheet of the Court below would show that the debtor did not comply with the order of the Official Receiver regarding production of some title deeds, account books and other documents. Order No. 12, dated 17-6-1955, would show that the District Judge directed a complaint to be made against the debtor under Section 70 of the Provincial Insolvency Act to the Sub-divisional Magistrate, Alipore, to put the debtor on trial under Section 69(a) of the Provincial Insolvency Act. A registered notice was, however, directed to be issued on the debtor before the complaint was lodged in fact. On receipt of the notice the debtor appeared and showed cause. Some proceedings thereafter took place before the Official Receiver. Order No. 27, dated 14-9-1955, would, however, show that the Receiver recommended that steps should be taken against the prospective insolvent under Sections 69 and 70 of the Provincial Insolvency Act for non-compliance of some directions given under Section 22 of the Act regarding production of documents. Thereafter a complaint was actually drawn up and forwarded to the Sub-divisional Magistrate of Alipore. This appeal is directed against the order of the District Judge by which the complaint in question was made to the Sub-divisional Magistrate of Alipore.