THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE K.S. APPA RAO C.M.A. No. 676 of 2011 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) This civil miscellaneous appeal is directed against the order dated 28.10.2010 passed in Insolvency Petition No. 1 of 2005 by the I Additional District Judge, Visakhapatnam, dismissing the petition filed by the appellant praying the Court below to adjudicate him as insolvent. Originally, the appellant along with his wife filed the above petition before the Court below praying to adjudicate them as insolvents and during the pendency of the proceedings, the wife of the appellant has withdrawn from the proceedings, vide orders dated 30.10.2009 passed in I.A. No. 119 of 2009. It was the case of the appellant that he has been doing jewellery business, that he borrowed huge amounts and invested in the business, but however, as the customers evaded payment of amounts due and payable by them to him, he sustained losses in the business and suffered severe financial crisis and that his liabilities are more than his assets, and therefore is unable to discharge the debts obtained by him from the respondent creditors, and having left with no option, he filed the insolvency petition. Respondent Nos.2, 6, 15, 18 and 19 filed counters resisting the claim of the appellant. The Court below, having considered the stand of the parties and the evidence adduced on their behalf, held that there are no bona fides in the petition and accordingly dismissed the petition. Aggrieved thereby, the appellant filed the present civil miscellaneous appeal. Heard the counsel for the appellant and perused the order under appeal and other material available on record. As can be seen from the order under appeal, the appellant did not file any documents concerning the accounts of his business, in proof of his contention that he incurred losses in the jewellery business. Further, except contending that his customers evaded payment of amounts due and payable by them to him, he did not file the list showing the names and particulars of those customers or any documents to show any steps were taken by him for recovery of the amounts due and payable by them to him. In his evidence as P.W.1, the appellant did not mention the names of the persons to whom he is due and in whose favour he has executed promissory notes, having obtained loans from them. Absolutely, there was no iota of evidence to show any of his creditors have filed civil cases against him for recovery of the amounts alleged to have fallen due by him. On the other hand, it was the case of respondent No.19 that respondent Nos. 25 and 26, who the appellant claims to be his creditors, are none other than the elder brother and brother-in-law respectively of the appellant and the appellant has suppressed their relationship and showed them as his creditors, with an intention to gain unlawful means from other respondents and that the appellant is residing in his own building bearing D.No.20-119-4/1 at Chengalaraopeta and the present value of the said building is not less than Rs.10.00 lakhs. A perusal of the order under appeal shows that the appellant, when cross-examined by respondent No.19, admitted his relationship with respondent Nos. 25 and 26 and deposed that respondent No.25 and his parents are residing in the building at Chengalaraopeta, the value of which would be about Rs.10.00 lakhs. The Court below, having considered all these facts and having regard to the fact that except the oral testimony of the appellant, no documentary evidence was adduced by him to substantiate his case, has rightly dismissed the petition filed by the appellant by the order under appeal and we see no grounds to interfere therewith. The civil miscellaneous appeal is accordingly dismissed. No costs. _____________ N.V. RAMANA, J ______________ K.S. APPA RAO, J 18th July 2011 IBL