OFFICIAL RECEIVER GUNTUR Vs. PALLAPOTHU KRISHNA MURTHY
HIGH COURT OF ANDHRA PRADESH
OFFICIAL RECEIVER, GUNTUR, REPRESENTING THE ESATE OF SANKA KANNAIAH, IN I P.
PALLAPOTHU KRISHNA MURTHY
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(1.) This revision by the Official
Receiver is directed agains' the order
passed by the learned District Judge,
Guntur in C. M A Ne. 26/71 on the file
(2.) The facts leading up to this revision dre as follows : One Sanka
Kanakaiah was adjudged insolvent in I.P. 19/56
on the file of the Principal Suboi dinate
judge's Court, Guntur. The properties
ofthe insolvent and his brother were
sold in execution of a decree in O.S. No
25/48 on the file of the Subordinate
Court, Guntur and a sum of Rs. 17,200/-
was realised through Court. The decree-
holder in O.S. 25/48 who had a first
charge was paid Rs. 5475-9-6 from the
amount lying to the creidt ofO.S. 25/48.
One K. V. Seshachalapathi Rao who also
had a decree against the insolvent in O,S.
No 360/53, transferred the decree of
P. Krishna Murthy the respondent herein.
Under that decree, the respondent had to
realise a sum of Rs. 4724 11-6 by way of first
charge from the estate of the Insolvent.
Boiset taxmi Narasamma obtained
three decrees in S.C. 123/55, S. C. 198/55
on the file of the Sub-Court, Guntur and
O. S. 5/54 on the file of the District
Mumif's Court, Guntur against the respondent and the amounts due under the
decree are Rs.972-80, Rs. 1205-12 and
Rs. 506-55 respectively. The said Laxml
Narasamma attached an amount of Rs.2744-54
towards the three decrees in her
favour from the amount lying to the credit
of the respondent in O,S. 25/48 and
she realised the amount. When there
was thus a balance of only Rs. 1960.07 for
being paid in satisfaction of the decree in
O. S. 306/53, the respondent was paid
by the Court a sum of Rs. 3185-19 front
out of the balance of sale proceeds lying to
the credit of O.S 25/48 If the three
decrees executed by Bo isetti Laxmi Narasamma
had been properly taken into account, the respondent could have got only
Rs. 1960-07, but in calcu'ating the amount
the Court granted to the respondant an
amount of Rs. 3185-19 having evidently
left out of consideration by oversight an
amount of Rs. 1205-12 paid to Laxmi
Narasamma under the decree in SC 198/55.
The respondent was thus paid asum of
Rs. 1205-12 from out of the estate
of the insolvent in excess of what
was actually payable to him. The excess
payment was made to the respondent on 13-1959.
While so, one o the creditors ofthe insolvent by name sanka
Venkata Vara Prasada Rao filed M P. 357/64
before the Official Receiver on 9-8-1966.
bringing to the notice of the Official Re-celier that the respondent and anothar
Kolta Ramamurthy were wrongly paid excess amounts of Rs.1205-12
and Rs.1799-22 respectively frcm the estate
of the Insolvent and requested the Official Receiver
to obtain necessary directions from the
Court so that the respondent and the said
Kolla Ramamurty might be directed to refund the amounts.
The Official Receiver
there upon verified the various payments
and filed a petition under section
4 of the Provincial Insolvency Act
before the Sub-court, Guntur in I. A.
2205/66 in I P. 19/56 on 7-12-1964
requesting that the Court may be pleased
to direct Kolla Ramamurty and the respondent to refund the amounts of
Rs. 1790-22 and Rs. 1205-12 respectively.
(3.) Notices having been Issued by
the sub Court in I.A.2205/66. Kolla Rarcamurthl remained exparte while the respondent filed a counter stating that there
was no mistake in the payment made to
him and that, in any event he was not liable to pay any interest.;
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