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1 - 3 of 3 (0.43 seconds)Section 53 in The Provincial Insolvency Act, 1920 [Entire Act]
Laxmi Industrial Bank, Ltd. vs Dinesh Chandra Roy Choudhury on 6 January, 1928
3. Mr. Bose relied on two cases, viz., Laxmi Industrial Bank Ltd., v. Dinesh Chandra Roy, 1928 Cal 609 and Wazir Singh v. Janki Das, 1926 Lah 679. In the former the point at issue here was not even discussed. In the latter the point for decision was whether the alleged act of insolvency had been committed by one Wazir Singh and whether the property, in connexion with which the alleged act of insolvency was said to have been committed was his property. Neither of these authorities throw any light on the present case and in our opinion the application of the receiver to start proceedings under Section 4 was misconceived. Then in the second place the Judge has not in fact determined any question under Section 4; on the contrary he has come to conclusion that prima facie title is with the petitioner, and it does not appear that he is going to carry the investigation any further. An order to an interim receiver to enter upon the property of third person is clearly not one within the scope of Section 4.
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