Allowed

Official Assignee v. S.Arjunlal Sunderdas

Madras HC26 Apr 2019APPLN/91/2017

Case brief

AI extract

What is this about?

The High Court of Madras, in an insolvency proceeding, allowed the Official Assignee's application for a decree against a second respondent to pay Rs. 25 lakhs plus interest, based on auditor reports showing the amount was due from the insolvent debtor and unsubstantiated claims of discharge by the respondent.

What did the court decide?

Decree passed against the second respondent to pay a sum of Rs. 25,00,000/- with interest at 18% p.a. from 23.12.2013 till realization.

Official Assignee 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 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.91 OF 2017
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.91 OF 2017

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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.Lakshman Vummidi, First Floor, Aruthra Apartments, No.18, Habibullah Road, T.Nagar, Chennai 600 017. ... 2^nd Respondent

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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 23.12.2013

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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; and upon

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

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adduced herein and the exhibits marked thereon; and this Court having observed that the Official Assignee had stated

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that the second respondent had received a sum of Rs.25,00,000/- from the first respondent/insolvent Arjunlal

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Sunderdas, which was shown as due and outstanding as on 22.02.2013 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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23.12.2013 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.91 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: 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
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
APPLN.NO.91 OF 2017
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.91 OF 2017
The Official Assignee,
High Court, Madras ... Applicant
-VS-
1.S.Arjunlal Sunderdas
23, Anderson Road, Nungambakkam,
Chennai-600 006. ... 1st Respondent /
Insolvent
2.Lakshman Vummidi,
https://hcservices.ecourts.gov.in/hcservices/ First Floor, Aruthra Apartments,
No.18, Habibullah Road,
T.Nagar,

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Chennai 600 017. ... 2^nd Respondent

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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.25,00,000/- with interest at 18% p.a. From 23.12.2013 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; 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, Lakshman Vummidi, First Floor, Aruthra Apartments, No.18, Habibullah Road, T.Nagar, Chennai – 600 017, to pay a sum of Rs.25,00,000/- with interest at 18% p.a., from 23.12.2013 till date of realisation with cost of https://hcservices.ecourts.gov.in/hcservices/ the recovery proceedings.

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2. The Official Assignee had stated the second

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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 22.02.2013. It was also stated that this amount was reflected in the accounts.

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There has been no subsequent transaction to prove discharge. The Official Assignee had issued notice dated 03.05.2018

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calling upon the 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. There was no representation on behalf of the second respondent and therefore, the second respondent was set ex-

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

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4. Accordingly, R.Parameswari (P.W.1 ) filed proof

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affidavit on behalf of the Official Assignee reiterating the

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averments made by the Official Assignee in support of the application and filed Exs. A-1 to A-4. Ex.A-1 was the true copy of the relevant pages from Auditor Ranga Ramanujam's

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Report dated 01.04.2013; Ex.A-2 is the true copy of Relevant

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page in Auditor Annamalai Associates' Report; Ex.A-3 is the

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true copies of Relevant entries in Schedule of Affairs (No.39) dated 24.05.2014; and Ex.A-4 is the true copy of https://hcservices.ecourts.gov.in/hcservices/ Bank Statement from 01.01.2013 to 01.07.2013.

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

cns-29.04.2019

HIGH COURT, MADRAS

APPLN. No.91 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: 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/

Official Assignee v. S.Arjunlal Sunderdas

Case brief

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Official Assignee v. S.Arjunlal Sunderdas

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