Manoharlal Malhotra HUF v. J.Senthil Kumar
Case brief
What is this about?
The High Court of Madras, in an ex-parte adjudication order under the Presidency Towns Insolvency Act, directed that two debtors be declared insolvents due to their failure to repay dues and comply with statutory notices. The court ordered the vesting of their estate in the Official Assignee.
What did the court decide?
Debtors adjudicated insolvents. Estate vested in Official Assignee. Debtors directed to appear and file schedule of affairs. 18 months granted for application for discharge.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY)
WEDNESDAY, THE 3RD DAY OF OCTOBER 2018
THE HON'BLE DR. JUSTICE ANITA SUMANTH
INSOLVENCY PETITION NO.14 of 2018
In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of Mr.J.Senthil Kumar and another ... Debtors
Manoharlal Malhotra, HUF, a Hindu Undivided Family Firm, Rep.by its Manager and Kartha, Manoharlal Malhotra, 150/96, Montieth Road, Cisons Complex, Pantheon Road, Egmore, Chennai 600 008. ... Petitioning Creditor -Versus1.J.Senthil Kumar, S/o.Janakiraman, Carrying on business Under the name and style of Sree Enterprises, No.118/283, Paper Mills Road, Peravallur, Chennai 600 082. 2.J.Rukmani, W/o.Janakiraman, No.118/283, Paper Mills Road, Peravallur, Chennai 600 082. ... Debtors
Insolvency Petition praying that this Hon'ble court be pleased to (a) adjudicate the debtors as Insolvents (b) 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) order that the https://hcservices.ecourts.gov.in/hcservices/
Issues for consideration
1 issue framed by the court
Whether the debtors should be adjudicated as insolvents upon failure to comply with insolvency notices after a decretal order.
Parties & counsel
- petitioner
Manoharlal Malhotra, HUF, Rep.by its Manager and Kartha, Manoharlal Malhotra
- respondent
J.Senthil Kumar
- respondent
J.Rukmani
Coram
Case details
As recorded by the court registry
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