Appeals.

§43

Summary

Notwithstanding anything contained in any other law 1[* *], (1) an appeal shall lie- (i) from every order passed under sub-section (3) of section 8; (ii) from every order passed under section 17; (iii) from every order passed under section 24; (iv) from every order passed under section 28; (v) from every order passed under sub-section (2) of section 36; (vi) from every award made under this Act other than an award made in terms of a settlement under sub-section (4) of section 8 or under section 9 or an award made under section 33 before the making of which the creditors’ agreement has been obtained under sub-section (1) thereof or an award before the making of which neither the debtor nor any of the creditors produced evidence to enable the Court to determine the amount of debt due from the debtor; 2[(vii) from an order made 3[under sub-section (1) or (1A) of section 47, adjudicating the debtor an insolvent,] provided that no appeal shall lie from such order except on the ground that the insolvent has failed to disclose all the material facts relating to his assets and liabilities;] 4[(2) an appeal from the Court shall lie to the District Court, and the appeal shall be made within sixty days from the date of the coming into force of the Bombay Agricultural Debtors Relief (Amendment) Act, 1948 (Bom. LXX of 1948), or from the date of the order or award, as the case may be, whichever is later. In computing the period of sixty days the provisions contained in sections 4, 5 and 12 of the Indian Limitation Act, 1908 (IX of 1908), shall, so far as may be, apply;] (3) No second appeal shall lie against any decision, order or award of the court under this Act.

Notwithstanding anything contained in any other law 1[* *], (1) an appeal shall lie- (i) from every order passed under sub-section (3) of section 8; (ii) from every order passed under section 17; (iii) from every order passed under section 24; (iv) from every order passed under section 28; (v) from every order passed under sub-section (2) of section 36; (vi) from every award made under this Act other than an award made in terms of a settlement under sub-section (4) of section 8 or under section 9 or an award made under section 33 before the making of which the creditors’ agreement has been obtained under sub-section (1) thereof or an award before the making of which neither the debtor nor any of the creditors produced evidence to enable the Court to determine the amount of debt due from the debtor; 2[(vii) from an order made 3[under sub-section (1) or (1A) of section 47, adjudicating the debtor an insolvent,] provided that no appeal shall lie from such order except on the ground that the insolvent has failed to disclose all the material facts relating to his assets and liabilities;] 4[(2) an appeal from the Court shall lie to the District Court, and the appeal shall be made within sixty days from the date of the coming into force of the Bombay Agricultural Debtors Relief (Amendment) Act, 1948 (Bom. LXX of 1948), or from the date of the order or award, as the case may be, whichever is later. In computing the period of sixty days the provisions contained in sections 4, 5 and 12 of the Indian Limitation Act, 1908 (IX of 1908), shall, so far as may be, apply;] (3) No second appeal shall lie against any decision, order or award of the court under this Act.

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