Allowed

Aarti D.Khatri v. R.Arumugam

Madras HC24 Sept 2018IP/21/2018

Case brief

AI extract

What is this about?

MADRAS HIGH COURT adjudicated R. Arumugam and Janani Arumugam as insolvents under the Presidency Towns Insolvency Act, 1909. The court vested their estate with the Official Assignee and fixed a timeframe for filing a schedule of affairs and applying for discharge, deeming the ex-parte proceeding valid due to non-appearance.

What did the court decide?

Adjudication of R. Arumugam and Janani Arumugam as insolvents; vesting of their estate with the Official Assignee; direction to file schedule of affairs and apply for discharge within 18 months.

Aarti D.Khatri Vs R.Arumugam — Company and Corporate | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(IN INSOLVENCY)

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MONDAY, THE 24TH DAY OF SEPTEMBER 2018 THE HON'BLE DR. JUSTICE ANITA SUMANTH

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INSOLVENCY PETITION NO.21 of 2018

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In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of R.Arumugam and another ... Debtors Aarti D.Khatri, 150/96, Montieth Road, Cisons Complex, Egmore, Chennai 600 008. ... Petitioning Creditor -Versus1.R.Arumugam, S/o.K.S.Ramu, Carrying on business at No.C-4, Phase III, Industrial Estate, Ekkattuthangal, Chennai 600 032. 2.Janani Arumugam, W/o.Arumugam, Carrying on business at No.C-4, Phase III, Industrial Estate, Ekkattuthangal, Chennai 600 032. ... Debtors

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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 costs of this petition be paid by the Official Assignee of Madras, from and out of the estate of the debtors to the https://hcservices.ecourts.gov.in/hcservices/ petitioning creditor.

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The Insolvency Petition coming on this day before this

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Court for hearing in the presence of Mr.T.Srikanth, advocate for the petitioning creditor herein and the debtors herein not appearing in person or by advocate and the debtors are set ex-parte; and upon reading the petition and affidavit of Aarti D.Khatri, filed herein,

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It is ordered as follows:

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That 1.R.Arumugam, S/o.K.S.Ramu, Carrying on business at No.C-4, Phase III, Industrial Estate, Ekkattuthangal, Chennai 600 032, 2.Janani Arumugam, W/o.Arumugam, Carrying on business at No.C-4, Phase III, Industrial Estate, Ekkattuthangal, Chennai 600 032 be and are hereby adjudicated as Insolvents.

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Official Assignee of this Court on 31.10.2018 and they shall file their schedule of affairs together with a copy thereof on or before 31.10.2018.

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That the said insolvents shall apply for their discharge within a period of 18 months from this date;

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https://hcservices.ecourts.gov.in/hcservices/

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That the estate of the debtors shall vest with the Official Assignee of the High Court at Chennai, for the benefit of the general body of the creditor.

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WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH
TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID
THIS THE 24th DAY OF SEPTEMBER 2018.
sd/-
ASSISTANT REGISTRAR
Original Side – 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.

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https://hcservices.ecourts.gov.in/hcservices/

cns – 19.11.2018

HIGH COURT, MADRAS

I.P. No.21 of 2018
ADJUDICATION DECREETAL
ORDER DATED : 24.09.2018
THE HON'BLE DR. JUSTICE
ANITA SUMANTH
FOR APPROVAL : 22/11/2018
APPROVED ON : 22/11/2018
Copy to :
The Official Assignee
High Court, Madras.

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(IN INSOLVENCY)

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MONDAY, THE 24TH DAY OF SEPTEMBER 2018

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THE HON'BLE DR. JUSTICE ANITA SUMANTH

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INSOLVENCY PETITION NO.21 of 2018

The Insolvency Petition coming on this day before this Court for hearing in the presence of Mr.T.Srikanth, advocate for the petitioning creditor herein and the debtors herein not appearing in person or by advocate and the debtors are set ex-parte; and upon reading the petition and affidavit of Aarti D.Khatri, filed herein,

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THE COURT MADE THE FOLLOWING ORDER :

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This Insolvency Petition has been filed at the instance of the Petitioning Creditor seeking an order of adjudication of the debtors as insolvents and a direction that the estate of the debtors vest in the Official Assignee to the benefit of the general body of their creditors.

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The debtors along with one M/s.Nitraa Furnitures

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Private Limited are stated to have effected borrowals from

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the petitioning creditor. Since the amount was not repaid, O.S.No.2832 of 2015 was filed before the City Civil Court and the same came to be decreed on 19.07.2017. The amount remains unpaid even thereafter.

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An application was filed in I.N.No.5 of 2018 and

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this Court directed issuance of notice to all debtors. The insolvency notices, sent by RPAD, were duly served on them on 27.02.2018, despite which the debtors have failed to https://hcservices.ecourts.gov.in/hcservices/

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comply with the decrees that they have suffered.

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No application to set aside the insolvency notices has been filed by the debtors within the period stipulated.

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The debtors have thus committed acts of insolvency within the meaning of Section 9(2) of the Presidency Towns Insolvency Act, III of 1909.

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According to the petitioning creditor the amounts due and payable as per the insolvency notice is a sum of Rs.16,36,811/- and as on date of the petition, i.e., 23.04.2018, amounted to a sum of Rs.21,76,811/-. The amount is entirely unsecured. 7. Though notice has been served upon the debtors and

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the names are also printed in the cause list, there is no appearance caused by or on their behalf. Accordingly, the debtors are set ex-parte.

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In the aforesaid circumstances, the debtors are adjudicated as insolvent. All the estate and effects of the insolvents shall vest in the Official Assignee and the same shall be administered as per law. The insolvents are directed to appear before the Official Assignee and file

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https://hcservices.ecourts.gov.in/hcservices/

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their schedule of affairs on or before 31.10.2018. The insolvents are granted 18 months from the date of this order to apply for discharge.

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WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH
TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID
THIS THE 24 th DAY OF SEPTEMBER 2018.
sd/-
ASSISTANT REGISTRAR
Original Side – 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.

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https://hcservices.ecourts.gov.in/hcservices/

cns – 20.11.2018

HIGH COURT, MADRAS

I.P. No.21 of 2018
ADJUDICATION ORDER
DATED : 24.09.2018
THE HON'BLE DR. JUSTICE
ANITA SUMANTH
FOR APPROVAL : 22/11/2018
APPROVED ON : 22/11/2018
Copy to :
The Official Assignee
High Court, Madras.

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https://hcservices.ecourts.gov.in/hcservices/

Aarti D.Khatri v. R.Arumugam

Case brief

What is this about?

What did the court decide?

Aarti D.Khatri v. R.Arumugam

Case brief

What is this about?

What did the court decide?

What the court decided

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