IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT NO.17 OF 2010 Between: Smt. Adari Vijaya Kumari, W/o.Satya Rao, Aged about 47 years, Household, R/o. D.No.54-3-35, Isakathota, Visakhapatnam. - - - Appellant/Petitioner. AND Malla Appala konda, W/o. Satyarao, Aged about 67 years, Household, R/o.D.No.54-5-3, Isakathota, Visakhapatnam, And 32 others. - - - Respondents/Respondents. The Court made the following: THE HONOURABLE SRI JUSTICE K.C. BHANU APPEAL SUIT NO.17 OF 2010 ORDER: The Appeal, under Section 75 (3) of the Provincial Insolvency Act, 1920 (for short, “the Act”), is directed against the Order and Decree dated 01-09-2009, in I.P. No.16 of 2000, on the file of the learned VII Additional District Judge (Fast Tract Court), Visakhapatnam, whereunder and whereby the Insolvency Petition was dismissed. 2) The Order under challenge is as follows : “On verification of the docket order in I.A. No.202 of 2008, this Court directed both the parties to complete their evidence and arguments. But, both parties failed to comply the orders in I.A. No.202 of 2008 so far. This is an old matter, hence the I.P. is dismissed”. 3) The learned counsel for the Appellant/Petitioner submitted that, the entire evidence on behalf of the appellant was let in and that evidence has to be considered by trial Court; that the Respondents have not let in any evidence. 4) In such circumstances, the evidence of Appellant ought to have been considered instead of dismissing the Insolvency Petition. The impugned order is illegal and not in accordance with law and as such, the impugned order is set aside and the matter is remanded back to the lower Court to dispose of the same in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this Order, after giving due opportunity to both the parties. The Appeal Suit is allowed accordingly, No order as to costs. __________________ K.C. BHANU, J Date: 03-03-2010. Dsh.