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Nallagatti Goundan Vs. Ramana Goundan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad170; 85Ind.Cas.677; (1924)47MLJ783
AppellantNallagatti Goundan
RespondentRamana Goundan and ors.
Cases ReferredSee Abdul Razak v. Basiruddin Ahmed
Excerpt:
- - basiruddin ahmed 14 cwn 586. on the merits of the application we are not satisfied that the discretion vested in the district judge has been wrongly exercised by him.1. the appellant who had filed an application for adjudication as an insolvent applied for interim protection and this application was rejected by the district judge. this appeal is against that order refusing such protection. in our opinion, the district judge has inherent powers under section 5 of the provincial insolvency act to grant the appellant the protection he has claimed. see abdul razak v. basiruddin ahmed 14 cwn 586. on the merits of the application we are not satisfied that the discretion vested in the district judge has been wrongly exercised by him. in these circumstances we dismiss this miscellaneous appeal with costs.
Judgment:

1. The appellant who had filed an application for adjudication as an insolvent applied for interim protection and this application was rejected by the District Judge. This appeal is against that order refusing such protection. In our opinion, the District Judge has inherent powers under Section 5 of the Provincial Insolvency Act to grant the appellant the protection he has claimed. See Abdul Razak v. Basiruddin Ahmed 14 CWN 586. On the merits of the application we are not satisfied that the discretion vested in the District Judge has been wrongly exercised by him. In these circumstances we dismiss this Miscellaneous Appeal with costs.


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