The Madras High Court annulled the exparte adjudication order passed on 04.08.2017 in insolvency petitions filed against Lakshmi Murali and R.Murali. The court also closed the respective insolvency petitions.
The common order of adjudication dated 04.08.2017 was annulled and the insolvency petitions were closed.
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)
MONDAY THE 5TH DAY OF FEBRUARY 2018
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
APPLN. NOs. 27 TO 30 OF 2018
IN
IP. NOS.23, 24, 43 & 44 OF 2015
I.P. No.23 of 2015
In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of Lakshmi Murali ... Debtor
Bipin Kumar, S/o.Rikhabchandji, Residing at No.427, Mint Street, 2nd Floor, Chennai-600 079. ... Petitioning Creditor
-Versus-
Lakshmi Murali, W/o.R.Murali, Residing at Flat No.7B, 8th Block Kences Enclave, No.1, Ramakrishna Street, T.Nagar, Chennai-600 017. ... Debtor
I.P. No.24 of 2015
Subash Chandar C.Jain, S/o.Chaganlalji, Residing at No.10, Thirumalappan Street, Purasawalkam, Chennai 600 007. ... Petitioning Creditor
-VersusLakshmi Murali, W/o.R.Murali, Residing at Flat No.7B, 8th Block Kences Enclave, No.1, Ramakrishna Street, T.Nagar, Chennai-600 017. ... Debtor
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I.P. No.43 of 2015
Subash Chandar C.Jain, S/o.Chaganlalji, Residing at No.10, Thirumalappan Street, Purasawalkam, Chennai 600 007. ... Petitioning Creditor -VersusR.Murali, Carrying on business under the name and style of S.L.M.Steels, No.77, Wall Tax Road, Chennai 600 003. ... Debtor I.P. No.44 of 2015 In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of Lakshmi Murali ... Debtor Bipin Kumar, S/o.Rikhabchandji, Residing at No.427, Mint Street, 2nd Floor, Chennai-600 079. ... Petitioning Creditor -Versus-
R.Murali, Carrying on business under the name and style of S.L.M.Steels, No.77, Wall Tax Road, Chennai 600 003. ... Debtor Appln. No.27 of 2018 Lakshmi Murali, W/o.R.Murali, Residing at Flat No.7B, 8th Block Kences Enclave, No.1, Ramakrishna Street, T.Nagar, Chennai-600 017. ... Applicant / Debtor -VS1.Bipin Kumar, S/o.Rikhabchandji, Residing at No.427,
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Mint Street, 2nd Floor, Chennai-600 079.
... 1st Respondent/ Petitioning Creditor
2.The Official Assignee High Court, Madras ... 2nd Respondent
Appln. No.28 of 2018
Lakshmi Murali, W/o.R.Murali, Residing at Flat No.7B, 8th Block Kences Enclave, No.1, Ramakrishna Street, T.Nagar, Chennai-600 017. ... Applicant / Debtor
-VS-
1.Subash Chandar C.Jain, S/o.Chaganlalji, Residing at No.10, Thirumalappan Street, Purasawalkam, Chennai 600 007. ... 1st
... 1st Respondent/ Petitioning Creditor
2.The Official Assignee, Office of the Official Assignee, High Court, Madras ... 2nd Respondent
Appln. No.29 of 2018
Murali, Carrying on Business under The name and style of S.L.M.Steels, No.77, Wall Tax Road, Chennai 600 007. ... Applicant / Debtor
-VS-
1.Subash Chandar C.Jain, S/o.Chaganlalji, Residing at No.10, Thirumalappan Street, Purasawalkam, Chennai 600 007. ... 1st Respondent/ Petitioning Creditor
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Appln. No.30 of 2018
Murali, Carrying on Business under The name and style of S.L.M.Steels, No.77, Wall Tax Road, Chennai 600 007.
... Applicant / Debtor
-VS-
1.Bipin Kumar, S/o.Rikhabchandji, Residing at No.427, Mint Street, 2nd Floor, Chennai-600 079.
... 1st Respondent/ Petitioning Creditor
2.The Official Assignee High Court, Madras
... 2nd Respondent
Application Nos.27 to 30 of 2018 praying that this Hon'ble Court be pleased to annul the Exparte adjudication order dated 04.08.2017 passed by the Hon'ble High Court in the above Insolvency Petition filed by the Petitioning Creditors.
The above applications coming on this day before this court for hearing in the presence of Mr.K.Jeyachandran, advocate for the Applicant/Insolvent, Mr.T.Srikanth, advocate for the 1st Respondent/Petitioning Creditor and the Official Assignee, the 2nd Respondent in all
applications, and upon reading the Judges Summons and affidavits of Lakshmi Murali filed in Appln.Nos.27 & 28 of 2018, R.Murali filed in Appln.No.29 & 30 of 2018 and
IT IS ORDERED AS FOLLOWS :-
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2)That the Insolvency Petition Nos.23, 24, 43 and 44 of 2015 be and are hereby closed.
WITNESS, THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 5th DAY OF FEBRUARY 2018.
sd/-
ASSISTANT REGISTRAR Original Side – I
//CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2018
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 – 22.03.2018
HIGH COURT , MADRAS
APPLN. Nos. 27 TO 30 of 2018
IN
IP Nos.23, 24, 43 & 44 of 2015
THE HON'BLE MR.JUSTICE
R.SUBRAMANIAN
ORDER DATED: 05/02/2018
FOR APPROVAL: 23/03/2018
APPROVED ON : 26/03/2018
COPY TO
THE OFFICIAL ASSIGNEE
HIGH COURT,MADRAS
2 issues framed by the court
Whether the exparte adjudication order dated 04.08.2017 in the insolvency petitions should be annulled.
Whether the insolvency petitions Nos. 23, 24, 43 and 44 of 2015 should be closed.
1 provisions across 1 enactments
Lakshmi Murali / R.Murali
Bipin Kumar
Subash Chandar C. Jain
The Official Assignee High Court, Madras
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
