Mumbai Court June 1922 Judgments

In Re: Mahomed Hasham and Co.

Court: Mumbai

Reported in: AIR1923Bom107; (1922)24BOMLR861; 75Ind.Cas.203

Marten, J.1. This is an application by one Abdul Sakoor Ismail a partner in the firm of Mahomed Hasham & Co. and M.H. Madden & Co., to set aside an adjudication order made against the firm of Mahomed Hasham & Co , on the 31st of March 1922, by Mr. Justice Kanga. The grounds on which the adjudication order was made were two, viz., (1) 'That in British India the said debtors have made a transfer of their property or a substantial portion thereof with intent to defeat or delay their creditors' and (2) 'that with like intent the partners of the said debtors' firm have departed from their usual place of business or otherwise absenting themselves.'2. The petitioning creditor Padamsey Munji obtained a decree, on the 27th February 1922, for Rs. 51,000 odd, of which after giving credit for certain sales of goods, a sum of Rs. 34,650 still remains due.3. As regards the first point under the adjudication order, viz., the alleged statutory transfer, the ground of objection raised by the present ap...