MADRAS HIGH COURT DIGEST - 1

WHO IS AN AGGRIEVED PERSON UNDER SEC.68 OF INSOLVENCY ACT
The petitioner herein was a lessee of the property which was sold by the Official Receiver. The petitioner filed the above I.A. No. 49 of 1966 on the file of the Sub-Court, Ootacamund, on the ground that the sale conducted by the Official Receiver was vitiated for two reasons (1) that the sale was conducted without notice to him as lessee in possession of the property sold and (2) that there was no sufficient publication so as to attract the highest bid. The ?Courts below have taken the view that the petitioner herein is not an aggrieved person so as to entitle him to file an application under Section 68 of the Provincial Insolvency Act for setting aside the sale conducted by the Official Receiver of the insolvent's property that as a lessee he is not entitled to any notice of sale and that as such the petition filed by the petitioner for setting aside the sale was not maintainable. In that view, both the Courts have not gone into the merits of the petitioner's other contentions.
held that

In this case, no creditor has come forward to challenge the sale conducted by the Official Receiver. It is not possible to say that any lessee of the property of the insolvent will be a person aggrieved within the meaning of Section 68 of the Provincial Insolvency Act. On a close reading of Section 68 of the Provincial Insolvency Act, it is seen that " any other person " cannot be construed to include any person unconnected with the insolvent's property or its administration. The words " any other person " has to be understood in the light of the words following them, that is, " is aggrieved." Even if the learned Counsel's contention is accepted that a lessee will come within the scope of" any other person " in Section 68, it should be further shown that he is aggrieved by the order sought to be challenged by him. As already stated except to protect his position, he is not intrested in the insolvent's property or its administration thereof.

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