Maka Venkata Ramana, vs Sande Narayana,
2021 Latest Caselaw 2695 AP

                       HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: C.M.S.A.No.8 of 2021
                                         PROCEEDING SHEET

Sl.       Date                                         ORDER                                   OFFICE
No.                                                                                             NOTE
1      28.07.2021    MVR,J                                                                      Tr. to I-O
                                                                                              folder before
                                                                                              corrections if
                                               C.M.S.A.No.8 of 2021                                any.
                                                                                                Pl.verify.
                             Heard Sri Sai Gangadhar Chamarthy, learned counsel for
                     the appellant.
                             Upon consideration of the decrees and judgments of the
                     trial Court as well as the 1st appellate Court, since the following
                     substantial questions of law arise for determination in the second
                     appeal, ADMIT.
                                 1. Whether the application under Section 9 of the
                                     Provincial Insolvency Act, 1920 is maintainable
                                     without there being any adjudication of debt of the
                                     debtor?
                                 2. Whether the appellate Court erred in not framing
                                     appropriate points for consideration?
                                 3. Whether      the   lower   appellate   Court   properly
                                     interpreted the definitions of creditor, debt,
                                     decree holder as defined under Section 2(1)(a) of
                                     the Insolvency Act?
                                 4. Whether the decree and judgment of the appellate
                                     Court vitiated for non-consideration of plea of
                                     bonafide purchase under Ex.A5?
                       Issue notice to the respondents to submit arguments in respect

of above substantial questions of law(Arulmighu Nellukadai Mariamman Tirukkoil v. Tamilarasi(dead) by Lrs. (AIR 2019 SC 3027) followed).

List the matter during the first week of October, 2021 along with I.A.

______ MVR,J I.A.No.1 of 2021

Heard.

In the circumstances, there shall be interim stay of all

further proceedings in I.P.No.1 of 2014 on the file of the Court of

learned Senior Civil Judge, Atmakur, Kurnool District, pursuant to

the decree and judgment dated 27.01.2021 in A.S.No.46 of 2017

on the file of the Court of learned IV Additional District Judge,

Kurnool, until further orders.

Notice.

______ MVR,J

Pab