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Yenumula Mallu Dora vs Peruri Seetharatnam And Others on 14 October, 1965

22. If the Appellant's interpretation is to be accepted, an Insolvent will be in position to settle the debts of only certain creditors and seek annulment whereas other creditors will remain outstanding. Such interpretation will be contrary to the law laid down by the Supreme Court in Yenumula Maluoora Vs. Peruri Seetharathnam & Ors. (supra) wherein it was held that settlement of only some creditors is not permissible as the Insolvency Act is available for the benefit of all creditors.
Supreme Court of India Cites 13 - Cited by 1 - M Hidayatullah - Full Document

Mandvi Co-Operative Bank Ltd. And ... vs Anant V. Hegade on 17 October, 2006

Section 13(2) postulates that at the hearing of the Petition, the Court shall require proof of the debt of the Petitioning Creditor and of the act of insolvency or if more than one act of insolvency is alleged in the petition, some one of the alleged acts of insolvency. Apart from the claim of the Petitioning Creditor which is crystallised in an adjudication by the Co operative Court, the claim ssp 19/27 APP 583 OF 2019.doc of the substituted Petitioning Creditor has also been crystallised in an arbitral award." It has, therefore, been held in the above judgment that a substituted petitioning creditor is required to meet the definition of the expression 'creditor' as contained in section 2(a) of the said Act. Apart from being bound by, I am in respectful agreement with the judgment in Mandvi Co-operative Bank Limited vs. Anant Hegade. I would only add a few words in support of this view."
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