THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 4805 of 2010 Dated: 28.09.2010 Between: Matcha Bhaskar Rao, Ananthapur and another. … Petitioners And M/s. Kapil Chit Fund Private Limited, Anahthapur and another. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI Civil Revision Petition No. 4805 of 2010 O R D E R : This revision petition is filed under Article 227 of the Constitution of India aggrieved by the action of the learned Senior Civil Judge, Ananthapur in entertaining I.P.No.9 of 2010. Heard the learned counsel for the petitioners. The material available on record shows that the 1st respondent herein filed I.P.No.9 of 2010 under Section 9 of the Provincial Insolvency Act, 1920 (for short ‘the Act’) to declare the petitioners herein as insolvents. Having received the notices, the petitioners herein entered their appearance in I.P.No.9 of 2010 and further proceedings are pending. This revision petition has been filed under Article 227 of the Constitution of India contending that the 1st respondent did not come within the meaning of the definition of “creditor” as defined in Section 2(a) of the Act and that apart as O.S.No.312 of 2009 on the file of the Court of the Additional Senior Civil Judge, Ananthapur and O.S.No.228 of 2007 on the file of the Senior Civil Judge, Kadapa filed by the 1st respondent herein seeking recovery of money allegedly due from the petitioners are pending, the initiation of the insolvency proceedings amounts to abuse of process of law. Since it is always open to the petitioners to raise the above said objections before the Court below and to contest I.P.No.9 of 2010, the interference by this Court at this stage under Article 227 of the Constitution of India is not warranted. Accordingly, the Civil Revision Petition is dismissed leaving it open to the petitioners to contest I.P.No. 9 of 2010 by raising all the objections as available under law. This shall not preclude the petitioners to move the necessary application before the court below for appropriate relief, if any. No costs. ______________ G. ROHINI, J Date: 28.09.2010 KLP