ARBUTHNOT AND CO IN SOVENT DEBTORS REPRESENTED BY THE OFFICIAL ASSIGNEE OF MADRAS Vs. ASABAPATHY MUDALIAR

JUDGEMENT

(1.) A preliminary objection has been raised that the appeal is out of time as the order was made on the 8th April 1909 and the appeal was not filed within one calendar month as required by Section 73 of the Indian Insolvency Act, 1848. The vacation in that year began at the end of April and the appeal was filed on the re-opening day of July. As regards this point we are not prepared to differ from Aruvamudu Ayyangar v. Samiappa (1897) I.L.R. 21 M. 385 Sambasiva Achari v. Ramaswami Reddi (1898) I.L.R. 22 M. 179, 18l7 and Hajee Ismail Sail v. The Trustees of the Harbour, Madras (1900) I.L.R. 23 M. 389 a series of rulings which appear to have been generally accepted and acted on for a period of some years.

(2.) We therefore hold the appeal is in time.

(3.) The appeal relates to the sum of Rs. 1000 which the petitioner as Head Godown keeper was required to deposit with Messrs. Arbuthnot and Co., as security on his appointment as Head Godown keeper and which he paid in on 18th April 1906. In his affidavit he merely states that it was taken from him as security for the performance of his duties it being understood it should be returned to him when he left the service. The Official Assignee reports that it was placed by the firm in fixed deposits in the name Ourselves account of security for A. Sabapathy Mudali as godown keeper." The Official Assignee adds that the usual procedure of the firm was so to deposit security money at 5 per cent and the interest would, we think, in due course have been paid to Sabapathy or credited to his security account if the insolvency had not supervened before interest was payable.