R. Mani vs P.Harinath
2021 Latest Caselaw 3887 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: C.M.S.A.No.19 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                      ORDER                                OFFICE
No.                                                                                      NOTE
1     01.10.2021   MVR,J                                                                Tr. to I-
                                        C.M.S.A.No.19 of 2021                           O folder
                                                                                         before
                      Heard Sri Harinath Reddy Soma, learned counsel for the            correcti
                                                                                         ons if
                   appellant.
                                                                                          any.
                      Upon consideration of the decrees and judgments of the            Pl.verify
                                                                                            .

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 trial court is justified in fastening the burden on the petitioner/debtor for proving the debts in 'B' schedule property, in the absence of denial on the part of the respondents and contrary to Section 49 of the Provisional Insolvency Act, 1920 and the 1st appellate Court did not justify in upholding the same?

2. Whether the trial court as well as the 1st appellate Court is justified in holding that the petition was filed with suppression of facts with regard to property which stands in the name of the wife of the petitioner purchased in the year 1998?

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

______ MVR,J Pab