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Modi Fulchand Narsida Vs. Navnitlal Ranchhoddas and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtGujarat High Court
Decided On
Case NumberCivil Revn. Appln. No. 121 of 1960
Judge
Reported inAIR1962Guj295
ActsProvincial Insolvency Act, 1920 - Sections 9(1)
AppellantModi Fulchand Narsida
RespondentNavnitlal Ranchhoddas and ors.
Appellant Advocate M.R. Barot, Adv.
Respondent Advocate J.C. Sheth, Adv.
DispositionApplication dismissed
Excerpt:
- orderv.b. raju, j.1. this civil revision application is dismissed, because the finding of the court below that an application to adjudicate the opponents as insolvents does not lie because the claim for damages for breach of contracts relating to forward business was not a debt within the meaning of section 9(1)(b) of the provincial insolvency act is correct, it is correct because a claim for damages does not amount to a debt unless the damages are ascertained by la court. there is, therefore, no question of illegality or material irregularity in the exercise of jurisdiction.2. the application is therefore, dismissed with costs.
Judgment:
ORDER

V.B. Raju, J.

1. This civil revision application is dismissed, because the finding of the Court below that an application to adjudicate the Opponents as insolvents does not lie because the claim for damages for breach of contracts relating to forward business was not a debt within the meaning of Section 9(1)(b) of the Provincial Insolvency Act is correct, it is correct because a claim for damages does not amount to a debt unless the damages are ascertained by la Court. There is, therefore, no question of illegality or material irregularity in the exercise of jurisdiction.

2. The application is therefore, dismissed with costs.


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