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v.suresh Vs the official assignee — Insolvency and Bankruptcy | Madras HC (2018)

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v.suresh Vs the official assigneev.suresh v. the official assignee

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v.suresh v. the official assignee

Madras HC12 Feb 2018APPLN/187/2017

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS (IN…

What the court decided

AI extract

Outcome

A

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY)

MONDAY, THE 12TH DAY OF FEBRUARY 2018

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

APPLN. No.187 of 2017 in IP. No.211 of 2002

In the matter of the Presidency Towns Insolvency Act, (1) of 1909 and In the matter of V.Suresh and B.S.Somasundari ... Petitioners/Debtors

V.Suresh S/o.C.S.Viswanathan

B.S.Somasundari W/o.V.Suresh residing at No.21/11, Rajaji Nagar, II Street, Villivakkam, Chennai-600 049.

... Petitioners/Debtors

Appln. No.187 of 2017 1. V.Suresh S/o.C.S.Viswanathan

B.S.Somasundari W/o.V.Suresh residing at No.26/2, Rajaji Nagar, III Street, Villivakkam, Chennai-600 049. ... Applicants/Insolvents -VersusThe Official Assignee, High Court Buildings, Madras – 600 104. ... Respondent

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the insolvents are entitled to unconditional discharge from all provable debts given that a specific claim has been settled?
2.
Whether the insolvents can claim discharge based on the assertion that the underlying liability to two creditors is one and the same and has been settled in a prior criminal complaint?

Statutes considered

1 provisions across 1 enactments

AI extract

Presidency Towns Insolvency Act1909

Parties & counsel

AI extract

applicant
V.Suresh
applicant
B.S.Somasundari
respondent
The Official Assignee

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 12 Feb 2018 · February
Registered: 1 Jan 2017
Case no.: APPLN/187/2017

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Cite this judgement

v.suresh v. the official assignee, APPLN/187/2017 (MAD), decided on 12 February 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Presidency Towns Insolvency Act1909

View all statutes

Bench / Coram

R.SUBRAMANIAN

Parties & counsel

Allowed

Issue for consideration

Whether the insolvents are entitled to unconditional discharge from all provable debts given that a specific claim has been settled? +1 more

A compact analysis

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.

Application praying that this Hon'ble Court be pleased to grant unconditional discharge to the applicants.

On the application of 1. V.Suresh, S/o.C.S.Viswanathan,

B.S.Somasundari, W/o.V.Suresh, residing at No.26/2, Rajaji Nagar, III Street, Villivakkam, Chennai – 600 049 adjudged as insolvent on 31st day of October 2002 and upon taking into consideration of the report of the

2

Official Assignee as to the insolvent's conduct and affairs and upon hearing Mr.J.Balagopal, advocate for the Applicants / Insolvents and the Official Assignee, the respondent herein.

And whereas it has not been proved that the insolvent has committed any act constituting an offence under Section 421-424 of the Indian Penal Code or under the Presidency Towns Insolvency Act 1909 and proof has not been made of any of the facts and circumstances mentioned in sub section (2) of Section 39 or Section 44 of the said act, or that the insolvent has been guilty of any misconduct in relation to their affairs, it is ordered:-

That 1)V.Suresh 2)B.S.Somasundari, the insolvents herein be and are hereby discharged unconditionally from all debts provable in this insolvency except such as are mentioned in sub-section(1) of Section 45 of the Act aforesaid.

WITNESS, THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 12TH DAY OF FEBRUARY 2018.

ASSISTANT REGISTRAR(O.S.I)

//CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2018

MANAGER INSOLVENCY OFFICE

From 25^th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

3

cns–22.02.2018

HIGH COURT , MADRAS

APPLN. No.187 of 2017 in I.P No.211 of 2002

THE HON'BLE MR.JUSTICE

R.SUBRAMANIAN

DECREE DATED: 12/02/2018

FOR APPROVAL: 26/02/2018

APPROVED ON : 26/02/2018

COPY TO:

THE OFFICIAL ASSIGNEE HIGH COURT,MADRAS.

4

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY)

MONDAY, THE 12TH DAY OF FEBRUARY 2018 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

APPLN. No.187 of 2017 in IP. No.211 of 2002

In the matter of the Presidency Towns Insolvency Act, (1) of 1909 and In the matter of V.Suresh and B.S.Somasundari ... Petitioners/Debtors

V.Suresh S/o.C.S.Viswanathan 2. B.S.Somasundari W/o.V.Suresh residing at No.21/11, Rajaji Nagar, II Street, Villivakkam, Chennai-600 049.

... Petitioners/Debtors

Appln. No.187 of 2017

V.Suresh S/o.C.S.Viswanathan

B.S.Somasundari W/o.V.Suresh residing at No.26/2, Rajaji Nagar, III Street, Villivakkam, Chennai-600 049. ... Applicants/Insolvents -VersusThe Official Assignee, High Court Buildings, Madras – 600 104. ... Respondent

Application praying that this Hon'ble Court be pleased

to grant unconditional discharge to the applicants.

The above application coming on this day before this

court for hearing in the presence of Mr.J.Balagopal, advocate for the Applicants / Insolvents and the Official

5

Assignee, the respondent herein and upon reading the Judges summon and affidavit of V.Suresh and report of the Official Assignee filed herein,

The Court made the following order:-

This application has been taken out by the insolvents seeking unconditional discharge.

2.There are two claims preferred before the Official Assignee made by M/s. Narasimhan and Annadurai. The

insolvents have produced the order of the 13th Metropolitan Magistrate made in C.C.No.10054 of 2002 which was filed by Narasimhan represented by Annadurai against the insolvents under Section 138 of the Negotiable Instruments Act, 1881, seeking to punish them for dishonor of the cheque. The said order reveals that the said complaint has been withdrawn by the complainant, pursuant to a settlement reached between the parties, and the entire amount due under the cheque has been paid to the complainant.

3.Mr.J.Balagopal, learned counsel appearing for the applicants/petitioners would submit that, both the claims arise, out of one and the same transaction and now that the claim of Narasimhan has been settled, there is no other debt due. Hence, he seeks an order of discharge. The Official Assignee would submit that the notices sent to both the creditors were returned unserved. An affidavit has

been filed by the insolvents, that both the claims before the Official Assignee relate to one and the same debt which has been the subject matter in C.C.No.10054 of 2002 which

6

was dismissed as withdrawn by an order dated 12.01.2005. The said statement made in the affidavit which reads as follows:

“I state that my liability to my

creditors Annadurai and Narasimhan are one and the same and their entire liability is settled towards one time settlement before

the 13^th Metropolitan Magistrate Court, Egmore, in the year 2005 itself in C.C.No.10054 of 2002 by an order dated 12.01.2005. ”

Recording the said statement, the application for discharge is allowed.

WITNESS, THE HON'BLE MS. INDIRA BANERJEE, CHIEF

JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 12TH DAY OF FEBRUARY 2018.

sd/-

ASSISTANT REGISTRAR(O.S.I)

//CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2018

MANAGER INSOLVENCY OFFICE

From 25^th Day of September 2008 the Registry is issuing

certified copies of the Orders/Judgments/Decrees in this format.

7

cns.22.02.2018

HIGH COURT , MADRAS

APPLN. No.187 of 2017 in I.P No.211 of 2002

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

ORDER DATED: 12/02/2018

FOR APPROVAL: 26/02/2018

APPROVED ON : 26/02/2018

COPY TO:

THE OFFICIAL ASSIGNEE, HIGH COURT,MADRAS.

R.SUBRAMANIAN

CNR

HCMA010004802017

Topic

Insolvency and Bankruptcy

Bench

Disposal

DISMISSED

12 Feb 2018

C.Vijayakumar Vs K.B.P.Sankar

12 Feb 2018