Vs
Case brief
What is this about?
The High Court at Madras annulled the adjudication order dated 26.06.1997 against M.S. Nathan for default in applying for discharge under Section 23(1) of the Presidency Town Insolvency Act, 1909, and ordered the closure of the insolvency petition while directing the appropriation of the existing estate towards costs.
What did the court decide?
Annulment of the adjudication orderdated 26.06.1997 and closure of the insolvency petition. Appropriation of available estate funds towards costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MONDAY, THE 17TH DAY OF SEPTEMBER 2018
THE HON'BLE DR.JUSTICE ANITA SUMANTH
I.P. No.101 of 1997
In the matter of Presidency Town Insolvency Act, III of 1909 in the matter of M.S.Nathan
...Debtor
That the petition of the insolvent above named coming
on for hearing under Section 41 and 23(1) of the Act, for default in not having applied for discharge.
Upon reading the petition, filed herein, the
Adjudication order of this court dated the 26th day of June 1997 and the Report of the Official Assignee of this court dated 07.09.2018, and Upon hearing the Official Assignee of this court,
It is ordered as follows:
Issues for consideration
2 issues framed by the court
Whether the adjudication order against the insolvent for default in applying for discharge should be annulled.
Whether the insolvency petition should be closed.
Parties & counsel
- applicant
M.S. Nathan
- respondent
Official Assignee
Coram
Anita Sumanth
Case details
As recorded by the court registry
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