harshasd a.sheth Vs
Case brief
What is this about?
This order annuls the adjudication of Harshad A. Sheth under the Presidency Towns Insolvency Act, 1909, due to the insolvent's continued absence. The proceeding is closed, and outstanding funds are directed for appropriation.
What did the court decide?
Annulment of the order of adjudication, closure of the insolvency petition, and direction to appropriate remaining funds.
What the court decided
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY)
MONDAY, THE 19TH DAY OF NOVEMBER 2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH I.P. No.136 of 1997
In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Harshad A.Sheth Prop. Of Amrit Traders ...Insolvent 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 24th day of July 1997 and the Report of the Official Assignee of this court dated 26.10.2018, and Upon hearing the Official Assignee of this court and the Official Assignee prays for annulment of the order of adjudication in the light of the continued absence and non-co-operative attitude of the insolvent,
It is ordered as follows:
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(i)That the order of Adjudication made herein and dated the 24th day of July 1997 against the insolvent Harshad A.Sheth, Prop. Of Amrit Traders, be and is hereby annulled in terms of Section 23(1) of the Presidency Towns Insolvency Act, 1909.
Issues for consideration
2 issues framed by the court
Whether the order of adjudication should be annulled due to the insolvent's continued absence and non-cooperative attitude.
Whether the insolvent is liable for the discharge of the insolvency petition.
Parties & counsel
- petitioner
Harshad A. Sheth Prop. Of Amrit Traders
- other
Official Assignee
- other
Commercial Tax Officer
Coram
Case details
As recorded by the court registry
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