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In Re: Isaac Shrager and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1906)ILR33Cal1062
AppellantIn Re: Isaac Shrager and ors.
Excerpt:
insolvency - proceedings in aid of english court--public examination--procedure. - sale, j.1. i think the official receiver and the trustee in bankruptcy are only entitled to appear in so far as they apply to carry out the order in aid: they have no locus standi to oppose the application for personal discharge, which is a proceeding under the indian act. the only question is as to the form the public examination shall take. my attention has been drawn to the procedure previously adopted in a similar case, where the court here appointed a commissioner, upon petition in the ordinary way, to fake the evidence for transmission to the english court. i prefer to follow that procedure rather than constitute myself a commissioner to take the evidence in court. let the insolvents be sworn and discharged, they undertaking to attend on the public examination.
Judgment:

Sale, J.

1. I think the Official Receiver and the Trustee in Bankruptcy are only entitled to appear in so far as they apply to carry out the order in aid: they have no locus standi to oppose the application for personal discharge, which is a proceeding under the Indian Act. The only question is as to the form the public examination shall take. My attention has been drawn to the procedure previously adopted in a similar case, where the Court here appointed a Commissioner, upon petition in the ordinary way, to fake the evidence for transmission to the English Court. I prefer to follow that procedure rather than constitute myself a Commissioner to take the evidence in Court. Let the insolvents be sworn and discharged, they undertaking to attend on the public examination.


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