JAMASJI SHAPURJI LALA Vs. SORABJI KAWASJI BAPASOLA

JUDGEMENT

(1.) This is an application made on behalf of the insolvent that certain future commissions, which it appears are payable as premia in respect of Policies of Insurance which were effected through the instrumentality of the insolvent when he was in the employ of the Oriental Life Insurance Co., should be handed over to him. An application was made to Mr. Justice Beaman with regard to an accumulated sum of such commission which was in the hands of the Official Assignee and he held (and the Court of Appeal confirmed his decision) that the sum was an asset of the insolvent and therefore vested in the Official Assignee and that no order could be made.

(2.) As I have said the present application deals with future commissions as they accrue due.

(3.) I asked Mr. Manker under what section he applied and he could only refer me to Section 27 of the Insolvent Debtors Act. But it seems to me that section has no application to the present case. The material part of the section is as follows :- If any such insolvent...shall be in any situation or employment whatsoever in respect of which he shall receive any salary or emolument...then it shall be lawful for the said Court to order the said insolvent to pay such proportion of his receipts there from to his assignee as the said Court shall think right and all saleable offices, appointments...shall vest...in the Official Assignee.