DONTHI SRIHARI Vs. CH. DEVARAJAM

JUDGEMENT

(1.) This revision petition is arising out of the orders in I.A.No.361 of 2010 dtd. 19/10/2010 in I.P.No.8 of 2003 on the file of Senior Civil Judge, Jagtiyal.

(2.) The revision petitioner has filed insolvency petition before the Senior Civil Judge's Court, Jagtiyal. His case before the trial Court was that he used to run a retail wine shop under the name and style of 'Himalaya Wines' at Mallapoor, which was taken on lease from one Nagula Gangadhar by borrowing amounts from the respondents to a tune of Rs.4,85,000.00. There were 17 respondents arrayed in the insolvency petition. It is the further case of the revision petitioner that he gave Rs.50,000.00 to the original owner as goodwill and paid Rs.3,00,000.00 rentals to the Government. It is the specific contention of the revision petitioner that the villagers of Mallapoor Ikya Sangham demanded Rs.1,00,000.00 from him for development of the village and as he refused to pay the said amount, they passed a resolution not to purchase liquor from his shop and for a period of one month, there was no business for him.

(3.) Later, the petitioner agreed to give Rs.50,000.00 to the Ikya Sangham and that the customers of the shop have not paid him the amounts for the liquor purchased by them and were due to him in a sum of Rs.1,00,000.00. It is his case that due to the downfall of the business and also due to the pressure and threatenings by the respondents to repay the debts, he was constrained to file the insolvency petition showing the B-Schedule property as the sole property available to repay the debts to all the 17 respondents. In the A-Schedule, the petitioner has given the particulars of amounts payable by him to each of the respondents, totalling to Rs.4,85,000.00.