V. RAVI KUMAR GUPTA Vs. A. SUBHA RAO

JUDGEMENT

(1.) This appeal is directed against an order dtd. 6/1/1994 of the learned Single Judge of this Court allowing M.A. No.274 of 1983 filed by the Respondents under Sec. 75(3) of the Provincial Insolvency Act, 1920 (PI Act). The said appeal in turn was preferred by the Respondents herein against an order dtd. 13/4/1983 passed by the learned District Judge, Ganjam, Puri in insolvency proceedings. Background facts

(2.) The background facts are that insolvency proceedings were initiated under Sec. 9 of the PI Act on 9/11/1933 by Shri N. Linga Raju to declare Shri A. Appalanrasayya Chetty (A.A. Chetty) and his son Shri A. Rama Rao as insolvent. The other creditors whose names were disclosed in the proceedings included Shri A. Buchaya Chetty, father of Shri A. Subba Rao (Respondent No.1 herein) who was the Appellant No.1 in M.A. No.274 of 1983. Shri A. Buchaya Chetty was a secured creditor.

(3.) On 16/8/1934 Shri A.A. Chetty was adjudged as an insolvent. However, the application against his son Shri A. Rama Rao was dismissed. A vesting order was passed in favour of the receiver Shri D. Rath, Advocate.