AIR 1956 BOMBAY 650 ::58 Bom LR 568 ::ILR (1956) Bom 748

Bombay High Court

Hon'ble Judge(s): Shah , J

Provincial Insolvency Act (5 of 1920) , S.9(1)(c)— Application of S.14 of Limitation Act. Limitation Act (9 of 1908) , S.14— Section 9(1)(c) does not prescribe a period of limitation for presentation of a petition by a creditor for adjudication but sets out a condition precedent, and by applying the rule contained in S. 14 of the Limitation Act a petition filed after the expiry of three months cannot be made to conform to the strict requirement of S. 9(1)(c) of the Provincial Insolvency Act : Held that where the petition for adjudicating the respondent an insolvent was lodged in the insolvency Court at Broach on 23-4-1951 which had no jurisdiction to entertain the petition the proceeding taken in the insolvency Court at Borivli on 15-11-1951 could not be regarded as an extension of the proceeding filed in the former Court, and the petition must be regarded as presented on 15-11-1951. The petition having been presented more than three months after the date on which the act of insolvency occurred it must be regarded as not complying with the requirement of S. 9 of the Provincial Insolvency Act.(Para 5 6) Anno : AIR Man. Pro. Ins. Act, S. 9 N. 4; AIR Com. Lim. Act, S. 14 N. 2. .....