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

> HC judgment dated 2026-09-30. Citation: TCN-2026-HC-00055. A Civil Miscellaneous Appeal (CMA) was filed under Section 75(2) of the Provincial Insolvency Act,…

- **Court:** HC
- **Order date:** 30 Sept 2026
- **Citation:** TCN-2026-HC-00055
- **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-za1bw

## Summary

### Background

A Civil Miscellaneous Appeal (CMA) was filed under Section 75(2) of the Provincial Insolvency Act, 1920, challenging an order dated 18.12.2025 passed by the II Additional District and Sessions Judge, Thanjavur, in I.P. No. 4 of 2016. In the original insolvency petition, respondents 1 to 9 (petitioning-creditors) sought to declare the appellant (Jahir Ussain) and respondents 10 to 14 as insolvent persons. The lower court allowed this petition, declaring them insolvent and directing their properties to be sold for repayment.

## Facts

A Civil Miscellaneous Appeal (CMA) was filed under Section 75(2) of the Provincial Insolvency Act, 1920.

The appeal challenged an order and decretal order dated 18.12.2025 passed in I.P. No. 4 of 2016 by the II Additional District and Sessions Court, Thanjavur.

Respondents 1 to 9 filed I.P. No. 4 of 2016 before the lower court to declare the appellant and respondents 10 to 14 as insolvent persons.

The first and second petitioners in the I.P. (respondents 1 and 2 in the appeal) examined themselves as PW.1 and PW.2, and Exs.A1 to A23 were marked.

The appellant (Jahir Ussain) examined himself as RW.1.

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## Issues and analysis

### Issue 1: Whether a creditor's petition for insolvency is maintainable without the debtor having committed an …

**Ratio:** A creditor's petition for insolvency under Section 9 of the Provincial Insolvency Act,

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**Reasoning:** The court emphasized that the conditions in Section 9(1) are mandatory and the word

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**Interpretation:** Section 9(1) of the Provincial Insolvency Act, 1920, sets out mandatory

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**Application:** In this case, the lower court allowed the petition without verifying if an act

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## Parties

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

## Timeline

- **2025-12-18 — Lower Court…**: Order and decretal order passed in I.P. No. 4 of 2016 by the II Additional District and…
- **2026-09-30 — High Court J…**: Date of the judgment by the Madurai Bench of Madras High Court, allowing the Civil…

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