CHINTAMAN LAXMAN Vs. RAMGOPAL RAGHUNATHDAS

JUDGEMENT

(1.) THIS appeal has been filed by the creditor Chintaman against the order of Mr. H.C. Sen, District Judge, Wardha, who having affirmed the order of the Insolvency Court, set aside the order of adjudication.

(2.) THE facts of this case briefly are these. Mt. Johra Bai and her husband Sk. Nasir were declared insolvents on the application of the appellant Chintaman. This application was first presented in the Court of the Subordinate Judge, First Class, Wardha, on 13-1-1941, but it was returned to the appellant for presentation to the proper Court on 20-1.1941. Accordingly it was represented in the Court of the First Subordinate Judge, Second Class, Wardha, the same day. It was on the strength of the appellant's application, filed under Section 9, Provincial Insolvency Act, that the debtors Vvere adjudicated insolvents. This was in June 1941. Thereafter the creditor Chintaman put in an application under Section 53, Provincial Insolvency Act, for annulment of the transfer, made by the debtors in favour of the respondents. The said transfer was annulled after enquiry by the Bankruptcy Court, and the order of annulment was upheld both by the first appellate Court as well as by this Court. It is pertinent to note at this stage that the order of adjudication was founded upon this transfer, viz., sale-deed, dated 14-101940, which was challenged as an act of bankruptcy on the part of the debtors.

(3.) IT was contended by the respondents that the creditor's petition could be deemed to have been effectively presented, under Section 9 of the Act, only on 20-1-1941, on which day it was actually filed in the proper Court, which was beyond three months from the date of the transfer, dated 14-10-1940, which grounded the act of insolvency, on the part of the debtors.