anonymus (confidential) 15 October 2008

Arrest and Insolvency

hello everyone,
Anyone please clarify this. The JD is arrested and produced before the court. He pays part amount and is released on execution of security u/o 21 r 40 cpc. But later he did not appear and make payment. Hence fresh arrest was ordered and was arrested and produced before the court. At that time he produced a copy of the insolvency petition filed by him in Subordinate Court. But no order of stay of execution proceedings or any order not to arrest him is passed. Now my question is if the court can send him to civil prison by passing sentence?

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8 Replies

prof s c pratihar (medical practitioner &legal studies) 15 October 2008

pl go through the reply of mr assumi which he wrote in details .this was in relation to my quote of judgment of --KRISHANA AYER J, on this subject.

anonymus (confidential) 16 October 2008

sir,

i do agree and am aware with the Jolly George Vargese's case. But again it is only to safe guard the honest debtor and not the debtor who intentionaly and wilfuly avoids to pay. In the instant case the Jd has been employing all kinds of tactics to avoid payment.

SHEKHAR MISHRA (public servant) 16 October 2008

Under the circumstances, Yes , the court may send him to civil prison.

N.K.Assumi (Advocate) 16 October 2008

Interesting informations.

prof s c pratihar (medical practitioner &legal studies) 16 October 2008

mr mehebub is mot likely a judicial officer.he is great irespect his humbleness.

Y V Vishweshwar Rao (Advocate ) 30 March 2009

The Debtor is aarested in execution of Decree for recovery of the Money, after filing the IP .The Insovlency Court , on application of the IP Debtor, can pass an order for his release under Section 23 of Insolvency Act .

Prabhat Kumar (Advocate) 30 March 2009

A judicial decree must be honoured. Mere filing of insolvancy petition is not enough, either he has some order of stay of execution or he has a judicial decree which declares him insolvent. then only he can expect some favorable order from the executing court.