RAMCHANDRA NARAYAN DATAR Vs. TVNIPUNGE

JUDGEMENT

(1.) One Balkrishna Vishnu Ghole was adjudged an insolvent on September 6, 1919, by the Joint First Class Subordinate Judge, Poona, in Insolvency Application No. 9 of 1917. On February 12, 1921, he presented an application to the First Class Subordinate Judge asking that the adjudication might be annulled. That application was dismissed on February 21, 1921. It was first claimed that the petitioner ought not to have been adjudicated an insolvent. But the Court, held that he had been rightly adjudicated. Then it was urged that it had been proved that the debts of the insolvent had been paid in full, but it was held that he was not entitled to an order of annulment on that ground. The Judge said: There is no evidence on the point. Neither the petitioner nor the creditors appeared in the witness-box. The petition admits that the mortgage debts are not paid and that some personal debts are not paid. The petitioner asks the Court to receive a sum of Rs. 1728 to pay these unpaid debts. That too under protest, and he does not admit a creditor's claim for Rs. 1213 out of it The Court has no business to accept the sum and to disburse it. There a no authority for it. Anyhow it clearly shows that the insolvent has not paid his debts in full. To proceed with the petition, it says that a purchaser has been found to purchase the laud at Bhamburda for Rs. 38,999 out of which he has paid money or personal debts. But it does not say how much and to whom. It is silent as regards is mortgages. At the same time it says that the insolvent is going to save his house. 1b is not known whether the insolvent is going to pay mortgages or the purchaser whose name is kept in dark as also the identity which is transparent.

(2.) The Judge then after considering the general circumstances surrounding the petition said : If the petition be carefully read, it is an attempt to deprive the Receiver of Ins fees about Rs 2400 and to give away in gift three acres of land worth Rs. 10,000 to Mr. Patwardhan and his friend and lastly to keep in tact the mortgages in order to deprive eventually the insolvent and bin sons of all proper by.

(3.) Therefore the petition was dismissed with costs.