High Courts

Nallagatti Goundan vs Ramana Goundan and Others

Madras High Court · Decided on 18 August 1924 · Citation: AIR 1925 Mad 170 : 85 Ind. Cas. 677 : (1924) 20 LW 879 : (1924) 47 MLJ 783

ACTS & SECTIONS REFERRED
Provincial Insolvency Act, 1920 — Section 5
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Judgment

5 paragraphs · 103 words
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 u/s 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.