Allowed

The Official Assignee v. Arjunlal Sunderdas

Madras HC12 Jul 2019APPLN/177/2017

Case brief

AI extract

What is this about?

The High Court allowed the Official Assignee's application under the Presidency Towns Insolvency Act, passing a decree against Subhash S. Jain to pay Rs. 5 lakhs with interest, having recorded evidence and noting proper procedure followed after notice was returned unserved.

What did the court decide?

A decree was passed directing the second respondent to pay Rs. 5,00,000/- with interest at 18% p.a. from 30.04.2013 till realization, plus costs.

The Official Assignee Vs Arjunlal Sunderdas — Madras HC (2019) — LawSathi Research

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS (IN INSOLVENCY) FRIDAY, THE 12TH DAY OF JULY 2019 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN APPLN.NO.177 OF 2017 IN I.P. No.25 of 2014

¶3

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 -VSMr.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006. ... Respondent / Debtor APPLN.NO.177 OF 2017 The Official Assignee, High Court, Madras ... Applicant -VS1.S.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006. ... 1st Respondent / Insolvent 2.Subhash S.Jain, 39, Ethiraj Lane Off, Ethiraj Salai, Chennai 600 105. ... 2^nd Respondent Application praying that this Hon'ble Court be pleased to direct the 2^nd respondent to pay a sum of Rs.5,00,000/- with interest at 18% p.a. from 30.04.2013

¶4

till date of realization with cost of the recovery proceedings.

¶5

The above application having been heard on 28.06.2019 in the presence of Mr.K.V.Ananthakrushnan, https://hcservices.ecourts.gov.in/hcservices/ advocate for the Official Assignee, the applicant herein;

¶6

¶7

and the 2^nd respondent having been set ex-parte on 14.03.2018; and upon reading the Judges Summon and Report of the Official Assignee filed herein; and upon perusing the evidence adduced herein and the exhibits marked thereon; and this Court having stood over for consideration till this day and coming on this day before this court for orders in the presence of the said advocate and

¶8

That the 2^nd respondent be and is hereby directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with interest at 18% p.a. from 30.04.2013 till date of realization with cost of the recovery proceedings.

¶9

TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 12TH DAY OF JULY 2019.

¶10

ASSISTANT REGISTRAR Original Side – I

¶11

//CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2019

¶12

From 25^th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this https://hcservices.ecourts.gov.in/hcservices/ format.

¶13

¶14

cns-22.07.2019

¶15

HIGH COURT, MADRAS
APPLN. No.177 OF 2017
IN
I.P.NO.25 of 2014
THE HON'BLE DR.JUSTICE
G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE
C.V.KARTHIKEYAN
DECREE DATED: 12/07/2019
FOR APPROVAL: 31/07/2019
APPROVED ON : 31/07/2019
COPY TO:-

¶16

The Official Assignee, High Court, Madras.

¶17

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

till date of realization with cost of the recovery proceedings.

¶22

¶23

¶24

and the 2^nd respondent having been set ex-parte on

¶25

14.03.2018; and upon reading the Judges Summon and Report of the Official Assignee filed herein; and upon perusing the evidence adduced herein and the exhibits marked thereon; and this Court having stood over for consideration till this day and coming on this day before this court for orders in the presence of the said advocate and

¶26

THE COURT MADE THE FOLLOWING ORDER :

¶27

This application had been filed by the Official Assignee seeking a Judgment and Decree against the second respondent, Subhash S. Jain, 39, Ethiraj Lane Off, Ethiraj Salai, Chennai 600 105, to pay a sum of Rs.5,00,000/- with interest at 18% p.a., from 30.04.2013 till date of realisation with cost of the recovery proceedings.

¶28

2. The Official Assignee had stated that the second

¶29

respondent had received a sum of Rs.5,00,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was

¶30

shown as due and outstanding as on 30.04.2013. It was also stated that this amount was reflected in the accounts.

¶31

There has been no subsequent transaction to prove discharge. The Official Assignee had issued notice calling upon the second respondent to pay the amount.

¶32

3. Notice was directed to the second respondent in

¶33

this application. Notice had been returned as unserved. Hence, substitute of service by way of paper publication was https://hcservices.ecourts.gov.in/hcservices/ effected on 22.02.2018 pursuant to the order passed by this

¶34

Court on 14.02.2018 and the second respondent was set ex-

¶35

¶36

parte on 14.03.2018. Thereafter, the applicant was directed to take evidence.

¶37

Officer attached to the office of the Official Assignee, High Court, Madras, filed proof affidavit and was examined as PW-1. She filed Exs. A-1 to A-3. Ex.A-1 is the true

¶38

copy of the relevant pages in the Auditor Ranga Ramanujam Report dated 16.02.2013; Ex.A-2 is the Notice dated 13.02.2017 sent by Official Assignee to Subhash S.Jain; and Ex.A-3 is the letter dated 07.04.2017 sent by Insolvent's counsel to the Official Assignee with additional list of debtors.

¶39

is allowed and a decree is passed accordingly against the

¶40

second respondent as prayed for.

¶41

TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 12TH DAY OF JULY 2019.

¶42

sd/ASSISTANT REGISTRAR Original Side – I

¶43

MANAGER INSOLVENCY OFFICE

¶44

From 25^th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

¶45

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

cns-22.07.2019

HIGH COURT, MADRAS

APPLN. No.177 OF 2017
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: 12/07/2019
FOR APPROVAL: 31/07/2019
APPROVED ON : 31/07/2019
COPY TO:-
The Official Assignee,
High Court, Madras.

¶50

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

The Official Assignee v. Arjunlal Sunderdas

Case brief

What is this about?

What did the court decide?

The Official Assignee v. Arjunlal Sunderdas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Official Assignee Vs S.Arjunlal Sunderdas

The Official Assigee Vs S.Arjunlal Sunderdas

The Official Assigee Vs S.Arjunlal Sunderdas

The Official Assignee Vs Arjunlal Sunderdas

The Official Assignee Vs S. Arjunlal Sunderdas

The Official Assigee Vs S.Arjunlal Sunderdas