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. 18 dated 9th March, 2005 passed by the Additional District Judge, 13th Court, Alipore in Insolvency Case No. 468 of ,2004 thereby disposing of an application under Section 20 of the Act by appointing Official Receiver South-24 Parganas as interim receiver over the estate of the appellant.
(2.) The respondent herein filed the proceedings under Section 13(2) of the Act thereby giving rise to Insolvency Case No.468 of 2004 praying for adjudicating the appellant as insolvent and the case made out by the respondent may be summed up thus: "(a) The appellant, borrowed a sum of Rs.1,10,000/- on 17th December, 2001 from the respondent by executing a promissory note thereby undertaking to repay the same with interest at the rate of 1.2 per cent per annum till realisation. The total claim of the respondent with interest came to Rs.1,13,000/-. (b) The appellant had committed the following acts of insolvency: (i) On repeated demands verbally the appellant failed to repay and on demand under registered post with A/D. sent through lawyer at his working address, the said notice came back with the postal remark "Not Claimed" as the appellant intentionally did not receive the same. (ii) In spite of the aforesaid demand, the respondent and his agent visited the residence of the opposite party for making d.emand and personal contact but the appellant with bad motive and intention, to defeat and delay the payment of the due payable to his creditors, secluded himself so as to deprive his creditors. He further secluded on 23rd May, 2004 at about 9:00 a.m. at his residence. (iii) Lastly, on 13th June, 2004, when the respondent met at his residence at about 8:30 a.m. he told and informed the respondent as well as his agent 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."
(3.) In connection with the aforesaid proceedings, the respondent came up with an application under Section 20 of the Act thereby praying for appointment of an interim receiver for the purpose of attaching the salary of the appellant. In the said application the respondent further alleged that appellant was working for gain as an employee under M/s. Syndicate Bank, Alipore Branch and was drawing a sum of Rs. 13,000/- a month and prayed for a direction upon the Bank Authority to deposit every month a sum of Rs.3,000/- to the Official Receiver.;