That application was dismissed mainly on the ground that the petitioning creditor opposed the same and that there was differences between the two.
The prayer for adjudicating the appellant as an insolvent had primarily proceeded on the basis of the failure of the appellant to discharge the decree debt due to the petitioning creditor.
At the hearing of the appeal the appellate Bench of the High Court determined on September 23,1964 that the balance amount due from the insolvent to the petitioning creditor was Rs.
After the tender in question the appellant applies to the appellate companyrt to review its order.
The companyrt directed the appellant that if he paid to the petitioning creditor Rs.
That cheque was returned by the solicitors of the petitioning creditor on August 1, 1966 on the sole ground that the amount in question had number been paid within the time fixed by the companyrt.
46,623 49 paise.
23,466.06 paise to the solicitors of the petitioning creditors in full satisfaction of the balance due to the petitioning creditor.
On the same day i.e. September 23, 1964 the appellant paid to the petitioning creditor Rs.
The balance amount was number paid within the time fixed.
There after on July 30, 1966 the appellants solicitors sent a cheque for Rs.
For that reason the appellate companyrt companyfirmed the adjudication of the insolvent by its judgment dated July 12, 1966.
28,186.40 p. by 2nd December, 1964 and balance with interest by June 30, 1965, the order of adjudication would be set aside.
28,186.49 paise.
