- (1.) The Court : Both the aforesaid applications are similar in nature and between the similar set of parties. Both are indebted to National Small Industries Corporation Limited creditor hereunder.
(2.) On 5th May, 1986, a decree was passed in the Ordinary Original Civil Jurisdiction of High Court at Calcutta as against both the debtors hereunder. The insolvency applications as above are in the nature of execution of such decree as against such debtors.
(3.) The applications were made on 26th June, 1998 basically with similar nature of statements which are as follows :- "??(a) The said Rajanikant Himmatlal Kampani and Sudarshan Rai were served a notice under section 9(3) of the Presidency Towns Insolvency Acts (Act 3 of 1909) in the prescribed form and served under registered cover both their respective present residential address and also at their business place at No.11 Pollock Street, Calcutta within the aforesaid jurisdiction specifying the amount due under the Decree dated 5th day of May, 1986 and requiring the Debtors to pay the same or to furnish security for the payment of such amount to the satisfaction of the petitioner or its agent. Such notice was served on Rajanikant Himmatlal Kampani by registered post on or about 30th March, 1998 a copy of the said letter dated 27th March, 1998 is annexed hereto and marked with the letter "A". The Debtors had incurred the debt as partners of Sun Zippers (P) Ltd.; (b) By the said letter, a sum of Rs. 7,94,964.24 was specified to be the amount payable by the decree with further interest on the principal sum of Rs. 6.66,002.60P. at the rate of 6% per annum from the date of the decree and it was further mentioned that a period of not less than one month was specified after the service of the notice on the debtor within which the requisition had to be complied with and the consequences of non-compliance was also mentioned. The Debtor have not complied with the requisition contained in the notice within the period mentioned in the said notice and as such, have committed an act of insolvency as provided in section 9(2) of the Presidency Towns Insolvency Act, 1909????".;