Skip to content


Preonath Roy Vs. Nibaran Chandra Sarkar - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in15Ind.Cas.870
AppellantPreonath Roy
RespondentNibaran Chandra Sarkar
Excerpt:
provincial insolvency act (iii of 1907), section 15 - insolvency, petition for--dismissal--ground to he indicated in judgment--adjudication--equitable distribution of assets--advantage to creditors. - .....on which we can properly uphold the judgment. in fact, if, as the creditor maintains, there are considerable assets, it would be most disadvantageous to the general body of creditors that there should not be an adjudication. the adjudication ensures the distribution of the assets, if there are any, according to the equitable arrangement for which provision is made in the act.2. we must, therefore, allow this appeal and make an order of adjudication.3. the respondent must pay the costs of this appeal, hearing fee one gold mohur.4. the case will now be remitted to the lower court and the proceedings in insolvency will be continued as contemplated by the act.
Judgment:

1. In our opinion, the order of dismissal of the insolvent's petition for adjudication must be reversed. The power to dismiss is under Section 15 of the Provincial Insolvency Act, and the Judge in his judgment does not indicate any of the grounds there set forth as that on which he purports to act, nor is it made to appeal? before us that there was any ground on which we can properly uphold the judgment. In fact, if, as the creditor maintains, there are considerable assets, it would be most disadvantageous to the general body of creditors that there should not be an adjudication. The adjudication ensures the distribution of the assets, if there are any, according to the equitable arrangement for which provision is made in the Act.

2. We must, therefore, allow this appeal and make an order of adjudication.

3. The respondent must pay the costs of this appeal, hearing fee one gold mohur.

4. The case will now be remitted to the lower Court and the proceedings in insolvency will be continued as contemplated by the Act.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //