Bhattacharya, J. - (1.) This first miscellaneous appeal is at the instance of an alleged debtor in a proceeding under Section 13(2) of the Provincial Insolvency Act ("Act") and is directed against Order No. 3 dated April 1, 2005 passed by the Additional District Judge, 9th Court, Alipore in Insolvency Case No. 198 of 2005 thereby allowing an application under Section 20 of the Act by appointing the Official Receiver, South 24-Parganas as interim receiver to the estate of the appellant with a direction to realise a sum of Rs.2,000/- a month from the salary of the appellant from that month onwards until further order through the disbursing authority viz., Branch Manager, Bank of Baroda, Camac Street Branch and the disbursing authority was directed to deposit the amount with the Official Receiver month by month.
(2.) The respondent herein filed an application under Section 13(2) of the Act for adjudicating the appellant as a debtor on the following allegations :- (a) The appellant works for gain at Bank of Baroda, Camac Street Branch. The appellant borrowed a sum of Rs. 75,000/- on 24th April, 2000 from the respondent and executed a promissory note. (b) The appellant committed the following acts of insolvency : (i) On repeated demands the appellant had failed to pay any amount to the respondent ; (ii) Whenever the respondent visited the office of the appellant for making demand or personal contact, he with a bad motive and an intention to delay and defeat the payment of dues to his creditors secluded himself forthe purpose of depriving his creditors of means of communicating with him and further secluded on 24th December, 2004 at about 10:30 a.m. at his office. (iii) Lastly, on 3rd January, 2005, when the respondent met at his office at about 11 :00 a.m., the appellant told the respondent by way of verbal talk that he had suspended payment of his debts to all his creditors generally, including the respondent in particular, being unable to pay his debts to his creditors and thus, the appellant had committed acts of insolvency under Section 6(d) and 6(g) of the Act.
(3.) The respondent in connection with the said proceeding came up with an application under Section 20 of the Act thereby praying for appointment of the Official Receiver, South 24-Parganas as receiver for realising Rs. 2,000/- a month from the salary of the appellant through garnisi.;