Kala Veeraghavulu, vs Manjegowda Navyasree

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: C.M.S.A. No.10 of 2021

                             PROCEEDING SHEET

Sl.     Date                            ORDER                               OFFICE
No.                                                                          NOTE

 1.   02.8.2021 MVR,J
                              C.M.S.A. No.10 of 2021

                      Heard Sri T.V.Jaggi Reddy, learned counsel
                for the appellant. Considering the decrees and
                judgments of the trial Court as well as the first
                appellate Court since the following substantial
                questions of law arise for determination in this
                second appeal, Admit:

                 1. Whether the alienation of the property by the debtor
                    to defraud the creditors amount to fraudulent
                    transaction and hence the debtor is liable to be
                    declared a insolvent? If so the judgments of the
                    Courts below are vitiated?

                 2. Whether the Courts below had failed to consider the
                    purport of Section 53 of the Transfer of Property Act
                    read with Section 9 of the Insolvency Act?

                 3. Whether the findings of the Courts below that the
                    debtor discharged other debt by alienating the
                    property, in the absence of cogent evidence with
                    regard to valid debts, is an act of insolvent? If so
                    the judgments of the Courts below are vitiated?

                      Issue notice to the respondents to submit

arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., Air 2019 SC 3027 followed).

List during the last week of October 2021.

________ MVR,J vasu