Nannapaneni Naga Malleswari, vs Pemmasani Bhavani Prasad,
2021 Latest Caselaw 3879 AP

                      HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: C.M.S.A.No.17 of 2021
                                            PROCEEDING SHEET

Sl.       Date                                          ORDER                                   OFFICE
No.                                                                                              NOTE
2     01.10.2021   MVR,J                                                                       Tr. to I-O
                                              C.M.S.A.No.17 of 2021                              folder
                                                                                                before
                       Heard Sri P.S.P.Suresh Kumar, learned counsel for the                   correctio
                                                                                               ns if any.
                    appellants.
                                                                                               Pl.verify.
                       Upon consideration of the decrees and judgments of the trial
                    Court as well as the 1st appellate Court, since the following
                    substantial question of law arises for determination in the second
                    appeal, ADMIT.
                           1. Whether the appellate court is right in ordering
                                 that the petition 'A' schedule property be vested
                                 with the Official Receiver, Krishna District at
                                 Machilipatnam for administration without any
                                 proof of the allegations of 'fraudulent transfer'
                                 pleaded by the respondent as required as per

Sections 54 and 54(a) of the Provisional Insolvency Act, 1920?

2. Whether the appellate court is right in declaring the 1st appellant as insolvent without any proof of list of creditors or documentary evidence that the 1st appellant is indebted to many persons and ignoring Section 54(2) of the Provisional Insolvency Act, 1920?

Issue notice to the respondent. List the matter during the 3rd week of December, 2021.

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

In the meantime, file certified copy of the judgment of the

insolvency court.

______ MVR,J I.A.No.2 of 2021 Heard.

There shall be interim stay of operation of the decree in A.S.No.106 of 2016 on the file of the Court of learned X Additional District Judge, Krishna at Machilipatnam, dated 30.01.2020, subject to condition that the petitioner shall not alienate or encumber the property in question in any manner, until further orders.

Notice.

______ MVR,J Pab