RUSTOMJEE DORABJEE Vs. KDBROTHERS

JUDGEMENT

(1.) This is an appeal by Rustomjae Dorabjee against an order of the learned Judge sitting in insolvency on the Original Side, dated the 13 January 1925. The order is headed as follows: Numbers 10 and 27 of 1924, re Krishna Das and Brij Mohan Das both residing and carrying of business in co-partnership in bioscope films with Jug Mohan Das at No. 150, Lower Chitpur Road, in the town of Calcutta, under the name and style of K.D. Brothers find re Messrs. K.D. Brothers a firm carrying on business in cinema trims and as exhibitors of cinema shows at 150, Lower Chitpur Road, in the town of Calcutta and at the Goverdhone Buildings, Charni Road, in the Sown of Bombay and at Sule Pagoda Road in the town of Rangoon.

(2.) The order recited that Mr. Landlord James appeared for the insolvent firm; Mr. A. Sen, advocate for Rustomjee Dorabjee, one of the creditors of the insolvent firm; and another learned advocate for another creditor of the said firm.

(3.) It was further recited that the insolvent's assets were not of a value equal to four annas in the rupee on the amount of their unsecured liabilities, and it was ordered that the discharge of the said insolvents Krishna Das, Jugo Mohan Das and. Brij Mohan Das be and the same is hereby suspended for three months. And it is further ordered, that the said insolvents do before the signing of this order consent to a decree being passed against them in this Court in its ordinary original civil jurisdiction in favour of the said Official Assignee for the sum of Rs. 10,000 being part of the balance of the debts provable in insolvency which are not satisfied at the date of this order.