r.anandhi Vs
Case brief
What is this about?
The Hon'ble Single Judge directed the Official Assignee to furnish copies of the claim petition and documents to the applicant's counsel despite the insolvency proceeding, recognizing the debt was borrowed for trust purposes, treating it as an exceptional case without prejudice to it constituting a proceeding.
What did the court decide?
Directed the Official Assignee to furnish copies of the claim petition and documents to the applicant's counsel in this exceptional case.
What the court decided
I.P.No.8 of 2016
I.P.No.8 of 2016
and Appln.Nos.254 to 257 of 2018, 95 & 30 to 34 of 2019
R.SUBRAMANIAN, J.
Mr.J.Balagopal, learned counsel appearing for the applicant in Appln.No.95 of 2019 would submit that the very debt that was the subject matter of the insolvency proceeding was borrowed by the insolvent in her capacity as a Trustee of a Trust, claiming for the benefit of downtrodden children. Therefore, according to Mr.J.Balagopal, the very insolvency petition is not maintainable. He would seek copies of the claim petition and the documents filed by the loan creditor disclosed in the insolvency petition, in order to enable him to defend his case.
2.Taking note of the peculiar circumstances of this case and the fact that some of cheques that were issued by the Insolvent were post the order of adjudication, I am of the opinion that the applicant should be given a fair chance to project his claim. Therefore, as an exceptional case, I direct the Official Assignee to furnish the copies of the claim petition along with the documents to the counsel for the applicant. It is made clear that this order shall not be treated as a proceeding.
kkn/ata
I.P.No.8 of 2016
Issues for consideration
1 issue framed by the court
Whether the applicant should be allowed to inspect the claim petition and documents filed by the loan creditor.
Parties & counsel
- applicant
Applicant
- other
Official Assignee
Coram
R.Subramanian
Case details
As recorded by the court registry
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