# Jahir Ussain vs. U.A.Rahman Batcha & Ors.

> HC judgment dated 2026-09-30. Citation: TCN-2026-HC-00053. Jahir Ussain (appellant) challenged an order dated 18.12.2025 by the II Additional District and…

- **Court:** HC
- **Order date:** 30 Sept 2026
- **Citation:** TCN-2026-HC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/madras-high-court-madurai/jahir-ussain-s-o-kaniyar-mohamed-kasim-vs-u-a-rahman-ba-89iyg

## Summary

### Background

Jahir Ussain (appellant) challenged an order dated 18.12.2025 by the II Additional District and Sessions Judge, Thanjavur, in I.P. No. 4 of 2016. In the original I.P. petition, respondents 1 to 9 (creditors) sought to declare Jahir Ussain and respondents 10 to 14 as insolvent persons. The lower court allowed the petition, declared respondents 1 to 6 in the I.P. as insolvents, and directed their properties to be sold for repayment. The appeal argues that the creditor's petition was not maintainable as no "act of insolvency" under Section 6 of the Provincial Insolvency Act, 1920, was committed.

## Facts

Jahir Ussain filed a Civil Miscellaneous Appeal (CMA(MD) No. 1277 of 2026) challenging an order dated 18.12.2025.

The impugned order was passed by the II Additional District and Sessions Judge, Thanjavur, in I.P. No. 4 of 2016.

In I.P. No. 4 of 2016, respondents 1 to 9 (creditors) sought to declare Jahir Ussain (appellant) and respondents 10 to 14 as insolvent persons.

The lower court allowed the I.P. petition, declared respondents 1 to 6 in the I.P. as insolvents, and directed their properties to be sold in public auction for repayment.

The appellant's counsel argued that a creditor's petition under Section 9 of the Provincial Insolvency Act, 1920, requires the debtor to have committed an "act of insolvency" as catalogued in Section 6.

…

## Issues and analysis

### Issue 1: Whether a creditor's petition under Section 9 of the Provincial Insolvency Act, 1920, is …

**Ratio:** A creditor's petition for insolvency against a debtor is maintainable only if the debtor

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**Reasoning:** Section 9(1) explicitly states that a creditor "shall not be entitled to present an

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**Interpretation:** The provisions of Section 9(1) are strict and must be adhered to for the

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**Application:** In this case, the lower court allowed the petition without establishing that

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## Parties

- **Judges:** G.R.SWAMI…; M.D.Sum…
- **Appellants:** Jahir Ussain…
- **Respondents:** U.A.Rahman Batcha…; Mehraj Nisha…; +15 more
- **Advocates:** Ms.Janaki…; Mr.Shyllapp…; +1 more

## Timeline

- **2016 — Filing of Insolvency…**: Respondents 1 to 9 filed I.P. No. 4 of 2016 before the II Additional District and…
- **2025-12-18 — Lower Court…**: The II Additional District and Sessions Judge, Thanjavur, allowed I.P. No. 4 of 2016,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 75(2) — Punishment for false information furnished in…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-75)

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