RUP CHAND PANNA LAL Vs. SUBEDAR MAHUQ

JUDGEMENT

(1.) It seems to me quite clear that the Deputy Commissioner here was right that he had no jurisdiction over these insolvency proceedings. Prom the figures stated in the judgment of the District Judge in reversing the decision of the Deputy Commissioner, it would appear that the debts in the insolvency exceeded the sum of Rs. 5000. The mere fact that Rs. 1800 was a doubtful debt to the Urban Bank makes no difference.

(2.) This was one of the debts which had to be taken into consideration in administering the insolvent's estate and this debt of Rs. 1800 together with the debts included in the schedule would amount to a sum over Rs. 5000. In those circumstances the insolvency proceedings will proceed before the District Judge and not before the Deputy Commissioner.

(3.) The appeal is therefore allowed. There will be no order as to costs. Manohar Lall J. I agree.