The High Court adjuged R. Arumugam and Mrs. Janani Arumugam as insolvents following a default of appearance by the debtors despite proper service of notice in an insolvency petition filed under the Presidency Towns Insolvency Act, 1909.
The debtors were adjudged insolvents; estates vested with the Official Assignee; costs paid by the Official Assignee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY)
TUESDAY, THE 31ST DAY OF OCTOBER 2017
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
INSOLVENCY PETITION NO.9 of 2017
In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of R.Arumugam and another ... Debtors
Hitesh Malhotra, No.150/96, Montieth Road, Cisons Complex, Egmore, Chennai 600 008.
... Petitioning Creditor
-Versus-
1)R.Arumugam,
2.Mrs.Janani Arumugam, No.C-4, Phase III, Industrial Estate, Ekkattuthangal, Chennai 600 032. ... Debtors
Insolvency Petition praying that this Hon'ble court be pleased to (a) adjudicate the Debtors as Insolvents (b) to direct that the estate of the Debtors be vested in the Official Assignee of Madras, for the benefit of the general body of creditors of the Debtors (c) to order that the costs of this petition be paid by the Official Assignee of Madras, from and out of the estate of the Debtors to the Petitioning Creditor.
The above insolvency petition coming on this day before this court for hearing in the presence of Mr.T.Srikanth, advocate for the petitioning creditor herein and the
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debtors not appearing in person or by advocate and upon reading the petition and affidavit of Hitesh Malhotra filed herein and
It is ordered as follows:
adjudicated as Insolvents.
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WITNESS, THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 31ST DAY OF OCTOBER 2017.
SD/-(i/c)
ASSISTANT REGISTRAR
Original Side – I
//CERTIFIED TO BE TRUE COPY//
DATED THIS THE DAY OF 2017
MANAGER
INSOLVENCY OFFICE
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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cns. 07.11.2017
HIGH COURT, MADRAS
I.P. No.9 OF 2017
ADJUDICATION DECREETAL
ORDER DATED : 31.10.2017
THE HON'BLE MR. JUSTICE
R.SUBRAMANIAN
FOR APPROVAL : 13/11/2017 APPROVED ON : 23/11/2017
Copy to :
The Official Assignee High Court, Madras.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY)
TUESDAY, THE 31ST DAY OF OCTOBER 2017
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
INSOLVENCY PETITION NO.9 of 2017
In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of R.Arumugam and another
... Debtors
Hitesh Malhotra, No.150/96, Montieth Road, Cisons Complex, Egmore, Chennai 600 008.
... Petitioning Creditor
-Versus-
1)R.Arumugam,
2.Mrs.Janani Arumugam, No.C-4, Phase III, Industrial Estate, Ekkattuthangal, Chennai 600 032.
... Debtors
Insolvency Petition praying that this Hon'ble court be pleased to (a) adjudicate the Debtors as Insolvents (b) to direct that the estate of the Debtors be vested in the Official Assignee of Madras, for the benefit of the general body of creditors of the Debtors (c) to order that the costs of this petition be paid by the Official Assignee of Madras, from and out of the estate of the Debtors to the Petitioning Creditor.
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The above insolvency petition coming on this day before this court for hearing in the presence of Mr.T.Srikanth, advocate for the petitioning creditor herein and the debtors not appearing in person or by advocate and upon reading the petition and affidavit of Hitesh Malhotra filed herein and
The court made the following order:-
Notice was ordered on 01.09.2017 and the debtors had been served on 13.09.2017. Despite service of notice, there is no appearance for debtors.
Petitioning Creditors under Sections 9 (2) of the Presidency Towns Insolvency Act, III of 1909 and order IIIA of the Insolvency Rules, 1958.
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has already been established by way of the decree dated 29.06.2016, which I find is a contested decree, there will be an order of adjudicating the debtors as insolvents.
WITNESS, THE HON'BLE MS. INDIRA BANERJEE, CHIEF
JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 31ST DAY OF OCTOBER 2017.
SD/-(i/c)
ASSISTANT REGISTRAR Original Side – I
//CERTIFIED TO BE TRUE COPY//
DATED THIS THE DAY OF 2017
MANAGER
INSOLVENCY OFFICE
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
8
cns – 07.11.2017
HIGH COURT, MADRAS
I. P. No.9 of 2017
ORDER DATED : 31.10.2017
THE HON'BLE MR. JUSTICE
R.SUBRAMANIAN
FOR APPROVAL : 13/11/2017 APPROVED ON : 23/11/2017
Copy to :
The Official Assignee High Court, Madras.
1 issue framed by the court
Whether the debtors can be adjudged as insolvents upon default of appearance after service of notice under the Presidency Towns Insolvency Act
Hitesh Malhotra
R. Arumugam
Mrs. Janani Arumugam
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
