The Official Assignee Vs S. Arjunlal Sunderdas

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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 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.207 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

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APPLN.NO.207 OF 2016

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The Official Assignee, High Court, Madras ... Applicant -VS1.S.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006. ... 1st Respondent / Insolvent 2.Iris Art Galeria P Ltd., A-2B, 13, Tri Star Residency, Eri Scheme, https://hcservices.ecourts.gov.in/hcservices/ Mogappair West, Chennai 60 0037. ... 2^nd Respondent/ 3^rd Party

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2

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Application praying that this Hon'ble Court be pleased to direct the 2^nd respondent to pay a sum of Rs.2,75,00,000/- with interest at 18% p.a. From 21.04.2014 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 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 25.01.2018; 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 observed that the Official Assignee had stated that the second respondent had received a sum of Rs.2,75,00,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 21.04.2014 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.2,75,00,000/- with interest at 18% p.a. From

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3

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21.04.2014 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/

4

cns-29.04.2019

HIGH COURT, MADRAS

APPLN. No.207 OF 2016

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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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5

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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 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.207 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

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APPLN.NO.207 OF 2016

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The Official Assignee, High Court, Madras ... Applicant -VS1.S.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006. ... 1st Respondent / Insolvent 2.Iris Art Galeria P Ltd., A-2B, 13, Tri Star Residency, Eri Scheme, Mogappair West, Chennai 60 0037. ... 2^nd Respondent/ 3^rd Party

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

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6

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Application praying that this Hon'ble Court be pleased to direct the 2^nd respondent to pay a sum of Rs.2,75,00,000/- with interest at 18% p.a. From 21.04.2014 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 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 25.01.2018; 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

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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, Iris Art Galeria P Ltd., A-2B, 13, Tri Star

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Residency, Eri Scheme, Mogappair West, Chennai – 600 037, to pay a sum of Rs.2,75,00,000/- with interest at 18% p.a., from 21.04.2014 till date of realisation with cost of the recovery proceedings.

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

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2. The Official Assignee had stated that the second

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7

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respondent had received a sum of Rs. 2,75,00,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 21.04.2014. It was also stated that this amount was reflected in the accounts. There has been no subsequent transaction to prove discharge. The Official Assignee had issued notice calling upon the second respondent to pay the amount.

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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. P-1 to P-5. Ex.P-1 Series (3 Nos.) are the true copies of the relevant pages in auditor Ranga Ramanujam's report; Ex.P-2 is the true copy of relevant

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pages of auditor Annamalai Associates' report; Ex.P-3 is the true copy of demand notice dated 15.03.2016 sent by Official Assignee with a copy of acknowledgment card; Ex.P-4 are the true copies of relevant entries dated 30.10.2015 in schedule https://hcservices.ecourts.gov.in/hcservices/ of affairs filed in the Court (No.31); Ex.P-5 is the true

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copy of relevant bank entries.

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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
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/

9

cns-29.04.2019

HIGH COURT, MADRAS

APPLN. No.207 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 Assignee v. S. Arjunlal Sunderdas

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