RE ALBERT FELIX SELDANA, INSOLVENT EX PARTE RAI SUKHLAL KARNANI BAHADUR Vs. THIS OFFICIAL ASSIGNEE OF CALCUTTA

JUDGEMENT

(1.) This is an appeal from the judgment of my learned brother, Mr. Justice Greaves, whereby he refused an application made on behalf of one Rai Sukhlal Karnani Bahadur in the insolvency of one Albert Felix Seldana.

(2.) The application consisted of a prayer 36 Ind. Cas. 990 : 20 C. W. N. 1155 : 44 C. 286, for an order that the order of the 29 of November 1920, should be set aside, (2) alternatively, for an order that the proceedings thereunder should be set aside, (3) alternatively, for directions as to the scope of the enquiry before the Re gistrar.

(3.) The matter arose in this way; Seldana was adjudicated an insolvent on the 2nd of July 1920, and, on the 18 August 1920, a complaint against Seldana was filed by the Munitions Board, charging him with certain offences under certain sections of the Indian Penal Code which may be shortly described as cheating, conspiracy to client and forgery. On the 26 of August 1920, a complaint was made against Sukhlal Karnani, the appellant in this appeal, charging him with conspiracy to sheet. The Official Assignee made an application: before the Registrar in insolvency, in respect of which an order was made on the 29 of November 1920. In that application, after stating that Seldana had been ad-judicated insolvent on the 2nd of July 1920 the Official Assignee went on to allege that Sukblal Karnani was capable of giving in- formation regarding the dealings and prop, arties of the above named insolvent, and the Official Assignee applied that Karnani should be summoned and examined by the Court on a day and hour to be fixed there-for and to produce all books, papers, correspondence, accounts relative to trans actions had between him and the insolvent in connection with their partnership and dealings with the Munitions Board from tie 16 of March 1918. That application was made ex parte, and the order of the 29 of November was to this effect, viz. that "Sukhlal Karnani being served with a sealed copy of the order should, on Wednesday, the 8 of December, at the hour of 11 o clock in the forenoon, attend before the Registrar to be examined regarding the dealings and properties of the insolvent and that he should bring with him and produce at the time and place aforesaid all books, papers, correspondence, and accounts relating to transactions had between him and the said insolvent in connection with their partnership and dealings with the Munitions Board from the 16 of March 1918." On the 15 end 17 of December 1920 Karnani appeared before the Registrar in Insolvency and was examined by learned Counsel on behalf of the Official Assignee. It was alleged by the learned Counsel appearing on behalf of the appellant that, although the learned Counsel nominally appeared for the Official Assignee, he was really instructed by the insolvent Seldana, who was represented by the Attorney who was appearing for the Official Assignee: and, it was alleged, that the real object of the examination of Karnani was to obtain information which might be useful to the prosecution instituted by the Munitions Board. Karnani was represented by learned Counsel who took objections to certain questions, and it is stated that the Official Assignee had alleged that the object of the examination was to ascertain whether or not Karnani was indebted to Seldana in a sum of Rs. 2,64,000. A petition was then presented by Karnani to the learned Judge, on the 4 of January 1921, applying for the reliefs to which I have already referred.