Allowed

The Official Assigee v. S.Arjunlal Sunderdas

Madras HC26 Apr 2019APPLN/107/2016

Case brief

AI extract

What is this about?

The High Court of Madras, while hearing an insolvency application under Presidency Towns Insolvency Act, 1909, allowed the applicant's prayer to recover Rs.25,00,000 with interest from the second respondent who had received funds from the insolvent debtor.

What did the court decide?

Directed the second respondent to pay Rs.25,00,000/- with 18% interest from 01.03.2013 till realization plus costs of recovery proceedings.

The Official Assigee Vs S.Arjunlal Sunderdas — Company and Corporate | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(IN INSOLVENCY)

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FRIDAY, THE 26TH DAY OF APRIL 2019

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THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

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AND

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APPLN.NO.107 OF 2016

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The Official Assignee, High Court, Madras ... Applicant

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-VS-

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1.S.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006. ... 1st Respondent / Insolvent 2.B.Keerthana C/o.K.Balachander, Veg Transport, Koyambedu Market, Chennai. ... 2^nd Respondent

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

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Application praying that this Hon'ble Court be

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pleased to direct the 2^nd respondent to pay a sum of Rs.25,00,000/- with interest at 18% p.a. From 01.03.2013

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till date of realization with cost of the recovery proceedings.

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This above application coming on this day before this court for hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the Official

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Assignee of this Court, the applicant herein; the 2^nd respondent herein not appearing in person or by advocate and the 2^nd respondent having been set ex-parte on

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14.02.2018; and upon reading the Judges Summon and Report of the Official Assignee filed herein and upon perusing the

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evidence adduced herein and the exhibits marked thereon;

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and this Court having observed that the Official Assignee

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had stated that the second respondent had received a sum of Rs.25,00,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on

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01.03.2013 and it was also stated that this amount was reflected in the accounts and there has been no subsequent transaction to prove discharge and

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IT IS ORDERED :-

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https://hcservices.ecourts.gov.in/hcservices/ That the 2^nd respondent be and is hereby directed to

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pay a sum of Rs.25,00,000/- with interest at 18% p.a. From

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01.03.2013 till date of realization with cost of the

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recovery proceedings.

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WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH
TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID
THIS THE 26TH DAY OF APRIL 2019.
SD/-
ASSISTANT REGISTRAR(OS-I)
//CERTIFIED TO BE TRUE COPY//
DATED THIS THE DAY OF 2019
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-29.04.2019

HIGH COURT, MADRAS

APPLN. No.107 OF 2016
IN
I.P.NO.25 of 2014
THE HON'BLE DR.JUSTICE
G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE
C.V.KARTHIKEYAN
ORDER DATED: 26.04.2019
FOR APPROVAL: 29/04/2019
APPROVED ON : 29/04/2019
COPY TO:-

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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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FRIDAY, THE 26TH DAY OF APRIL 2019

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THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

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AND

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THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
APPLN.NO.107 OF 2016
IN
I.P. No.25 of 2014
In the matter of the Presidency
Towns Insolvency Act, III of 1909
and In the matter of
Arjunlal Sunderdas
...Debtor
I.P.NO.25 OF 2014
Smt.Chitra Desai
Residing at 3A-302, Oakland Park,
Yamuna Nagar, Lokhandwala Complex,
Andheri (West), Mumbai. ... Petitioning Creditor
-VS-
Mr.Arjunlal Sunderdas
23, Anderson Road, Nungambakkam,
Chennai-600 006. ... Respondent / Debtor
APPLN.NO.107 OF 2016
The Official Assignee,
High Court, Madras ... Applicant
-VS-
1.S.Arjunlal Sunderdas
23, Anderson Road, Nungambakkam,
Chennai-600 006. ... 1st Respondent /
Insolvent
2.B.Keerthana C/o.K.Balachander,
Veg Transport,
Koyambedu Market,
Chennai. ... 2 nd Respondent
Application praying that this Hon'ble Court be
pleased to direct the 2 nd respondent to pay a sum of
Rs.25,00,000/- with interest at 18% p.a. From 01.03.2013
https://hcservices.ecourts.gov.in/hcservices/ till date of realization with cost of the recovery

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proceedings.

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This above application coming on this day before

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this court for hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the Official Assignee of this Court, the applicant herein; the 2^nd respondent herein not appearing in person or by advocate and the 2^nd respondent having been set ex-parte on 14.02.2018; and upon reading the Judges Summon and Report of the Official Assignee filed herein and upon perusing the

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evidence adduced herein and the exhibits marked thereon; and

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THE COURT MADE THE FOLLOWING ORDER :-

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This application had been filed by the Official Assignee seeking a Judgment and Decree against the second respondent, B.Keerthana, D/o. Balakrishnan.K, Veg. Transport, A-11, Koyambedu Market, Chennai – 600 107, to pay a sum of Rs.25,00,000/- with interest at 18% p.a., from

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01.03.2013 till date of realisation with cost of the

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recovery proceedings.

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2. The Official Assignee had stated that the second respondent had received a sum of Rs. 25,00,000/- from the

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first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 01.03.2013. It was also stated that this amount was reflected in the accounts. There has been no subsequent transaction to prove discharge. https://hcservices.ecourts.gov.in/hcservices/ The Official Assignee had issued notice calling upon the

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second respondent to pay the amount.

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3. Notice was directed to the second respondent in

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this application. Notice had been returned as unserved. Hence, substitute of service by way of paper publication was effected on 31.08.2018. There was no representation for

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the second respondent and therefore, the second respondent was set ex-parte on 14.02.2018. Thereafter, the applicant was directed to take evidence.

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4. Accordingly, A.S.Velumani, Sub Assistant

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Registrar attached to the office of the Official Assignee, High Court, Madras, filed proof affidavit and was examined as PW-1. He filed Exs. A-1 to A-5. Ex.A-1 is the true copy of the relevant pages of the report dated 15.02.2014, given

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by Padmanabhan Ramani and Ramanujam; Ex.A-2 is the true

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copy of the relevant page of the report as on 31.03.2014,

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given by Annamalai Associates; Ex.A-3 is the true copy of

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the demand copies dated 17.08.2015 along with the photocopy

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of the postal returned cover; Ex.A-4 is the true copy of the

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relevant entries in schedule of affairs (Srl.No.15); and Ex.A-5 is the true copy of the statement of accounts for the

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account in No. 6072364585, maintained by the first

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respondent with Indian Bank, Ethiraj Salai, Branch. Thereafter, the first respondent namely, the insolvent, Arjunlal Sunderdas also appeared before the Court and filed

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https://hcservices.ecourts.gov.in/hcservices/ his proof affidavit and was examined as RW-1. He also

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confirmed that the second respondent had borrowed a sum of

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Rs. 25,00,000/- on 01.03.2013, which amount was paid through RTGS/Cheque. He affirmed that the second respondent had not paid any amount towards discharge.

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5. In view of the above evidence, this Application is allowed and the decree is passed accordingly against the second respondent as prayed for.

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WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 26TH DAY OF APRIL 2019. SD/ASSISTANT REGISTRAR(OS-I) //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2019

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MANAGER
INSOLVENCY OFFICE

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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-29.04.2019

HIGH COURT, MADRAS

APPLN. No.107 OF 2016 IN

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I.P.NO.25 of 2014

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THE HON'BLE DR.JUSTICE
G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE
C.V.KARTHIKEYAN
ORDER DATED: 26.04.2019
FOR APPROVAL: 29/04/2019
APPROVED ON : 29/04/2019
COPY TO:-
The Official Assignee,
High Court, Madras.

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

The Official Assigee v. S.Arjunlal Sunderdas

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The Official Assigee v. S.Arjunlal Sunderdas

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