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Judgment
G. Rajasuria, J.—The Civil Revision Petition has been filed to get set aside the order dated 1.8.2011 passed in I.A. No. 198 of 2003 in I.P. No. 5 of 2001, by the learned Principal Subordinate Judge, Nagercoil.
Heard both sides.
When the matter has been taken up for hearing, this Court, by referring to Section 75 of the Provincial Insolvency Act, raised a query enquiringly, as to how this Civil Revision Petition would lie. The impugned order is against the appointment of an Official Receiver under Section 20 of the said Act. A mere running of the eye over Section 75 of the Act would unambiguously and unequivocally highlight and spotlight the fact that if any person is aggrieved by any order passed by the Insolvency Court/Subordinate Court, the Appeal would lie before the District Court concerned. Accordingly, I am of the considered view that only Appeal would lie and not Civil Revision Petition as against such order of appointment of Receiver.
In view of the same, this Civil Revision Petition is dismissed, giving liberty to the Revision Petitioner to file the Appeal before the District Court concerned, excluding the time taken for prosecuting this Civil Revision Petition. Consequently, the connected Miscellaneous Petition is dismissed. No costs.