- (1.) At the present moment no interim relief can be granted to the petitioner judgment-debtor within the meaning of Section 7 of the Provincial Insolvency Act, 1920 (for shor 'the Act').
(2.) The petitioner who is a Judgment-Debtor moved a petition under Section 7 of the Act for declaring him to be insolvent. Alonwith the petition he also moved an application for stay of proceeding before the Executing Court where execution proceedings in three decrees were pending against him. The Executing Court dismissed that application. Feeling aggrieved, he has come to this Court in revision.
(3.) The learned counsel for the petitioner has confined his prayer for a direction that the petitioner should not be arrested in case he is ordered to be arrested in proceedings before the Executing Court. In this behalf, he relied on Section 23 of the Act. A reading of Section 23 of the Act shows that if the Judgment-Debtor is under arrest or imprisonment in execution proceedings, his release order may be issued on such terms as may be reasonable and necessary. Neither any order for arrest or imprisonment has been issued by the Executing Court nor he is in custody under any order. If the petitioner is taken in custody then it would be open to him to move the Insolvency Court for relief under Section 23 of the Act.;