V A V S FIRM Vs. PSNMURUGANATHAN CHETTI

JUDGEMENT

(1.) This is an appeal against an order of Waller, J., sitting in the Insolvency Court in which he refused to transfer an insolvency petition presented to the District Judge of Coimbatore to the file of his Court.

(2.) There is a preliminary objection that no appeal lies on the ground that the Judge's order is not a judgment. But this can easily be disposed of by reference to Section 8, Clause 2 (b) of the Presidency Towns Insolvency Act, which provides for an appeal lying to this Court against any order made by a Judge in the exercise of jurisdiction conferred on him by this Act.

(3.) The question we have to decide turns upon the interpretation of Section 97 of the Presidency Towns Insolvency Act. This section runs thus: Where an order of adjudication has been made on an insolvency petition against or by one partner in a firm, any other insolvency petition against or by a partner in the same firm shall be presented in or transferred to the Court in which the first-mentioned petition is in course of prosecution; and such Court may give such directions for consolidating the proceedings under the petitions as it thinks just.