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134 <strong>Madhusudan</strong> <strong>Das</strong>:<br />

that I had executed two previous handnotes for Rs. 15,000/- and<br />

Rs. 10.000/-. It is not a fact that I had paid Rs. 200/- as interest on<br />

this hand note to save it from being time barred."<br />

The defence of Mr. <strong>Das</strong> against his detractors convinced the court.<br />

His petition for seeking insolvency from the court was granted. An extract<br />

of the verdict of the District Judge. G.J. Monahan of this issue reads as<br />

follows :<br />

In my opinion the evidence which has been at present produced<br />

on behalf of the applicant is sufficient for this purpose and I am<br />

satisfied that there are prima facie grounds for holding that he is<br />

unable to pay his debts. I see no sufficient reason to doubt the<br />

existence of these debts. Also I am prepared at present to accept<br />

Mr. <strong>Das</strong>'s statement in his deposition that he is not in a position<br />

to pay them.<br />

References Cited:<br />

1. In the Court of the District Judge at Cuttack: From of Heading<br />

of Deposition. Misc.Case No. 36 of 1927.<br />

2. Ibid: Cross Examination on 27th July. 1927<br />

3. Ibid<br />

4. Ibid<br />

5. Ibid<br />

6. Ibid : Holding of Decision in Original suit: Dt. 4th August.<br />

1927 and Misc. Case No. 36 of 1927.

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