JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenging Exhibit P5 order dated 12.04.2017 in I.A.No.158/2017 in Insolvency Petition No.3/2002 of Sub Court, Thodupuzha, the petitioner came up with this petition under Article 227 of the Constitution of India.

(2.) The said application was filed for getting a protection order as contemplated under Section 32 of the Insolvency Act, 1955 (for short the 'Act'). On a Debtor Petition, the petitioner was adjudicated as an insolvent. It is thereafter that the present application for getting a protection order under Section 32 of the Act was filed, presumably for the reason that the government has initiated R.R. proceedings against the petitioner for his arrest and detention for the amount due to the government. It was dismissed by the Sub Court, Thodupuzha, mainly on the reason that he had not opted to apply for discharge within the time specified and fixed by the Court and as such, he is not entitled to a protection order, as contemplated under Section 32 of the Act.

(3.) The main contention raised by the petitioner is that he could not apply for discharge within the time specified by the court and also admitted that there is failure on his part to apply for discharge. Section 44 of the Act is extracted below for reference.