The Madras High Court granted unconditional discharge to the insolvent, Dr. R. Ashokan, finding no pending claims and no misconduct, while dispensing with his public examination under the Presidency Towns Insolvency Act.
Dispensed with public examination; discharged from all debts provable in insolvency except those under Section 45.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY)
MONDAY, THE 9TH DAY OF AUGUST 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN APPLN. No.63 of 2021 in IP. No.69 of 1999
In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Dr.R.Ashokan Proprietor of Arunraj Company. ... Debtor
IP No.69 of 1999
Dr.R.Ashokan S/o.M.A.Rajamani, Proprietor of Arun Raj Company, No.6, South Street, West C.I.T. Nagar Nandanam, Chennai-35. Appln. No.63 of 2021
... Petitioner/Debtor Appln. No.63 of 2021 Dr.R.Ashokan S/o. Mr. A. Rajamani Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai – 600 109. ... Applicant/Debtor -VersusThe Official Assignee, High Court, Madras. ... Respondent/Respondent
2
Application praying that this Hon'ble Court be pleased to grant unconditional discharge to the applicant.
Upon the application of Dr.R.Ashokan S/o. Mr. A. Rajamani,
Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai – 600 109, adjudged as insolvent on 8th day of July 1999 and upon taking into consideration the report of the Official Assignee as to the Insolvent conduct and affairs and upon hearing Mr.J.Balagopal, Advocate for the Petitioner/Debtor in I.P.No.69 of 1999 and for the Applicant in Appln.No.63 of 2021 herein; and the Official Assignee, the respondent in Appln.No.63 of 2021 herein; and upon reading the Petition filed in IP.No.69 of 1999 and Judges Summon and Affidavit of Dr.R.Ashokan filed in Appln.No.63 of 2021.
And whereas it has not been proved that the insolvent has committed any act constituting an offence under sections 421-424 of the Indian Penal Code or under the Presidency Towns Insolvency Act, 1909, and proof has not been made of any of the facts and circumstances mentioned in Subsection (2) of Section 39 or section 44 of the said Act, or that the insolvent has been guilty of any misconduct in relation to their affairs, and this court
having observed that the insolvent had settled all the debts and there is no
claim pending before the Official Assignee and
3
it is ordered as follows:-
dispensed with.
discharged from all debts provable in Insolvency except such as are mentioned in sub-section (1) of section 45 of the Act aforesaid.
WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 9TH DAY OF AUGUST 2021.
Sd./-
ASSISTANT REGISTRAR Original Side-I
//CERTIFIED TO BE TRUE COPY//
DATED THIS THE DAY OF 2021.
MANAGER INSOLVENCY OFFICE
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
4
KG 18/08/2021
HIGH COURT, MADRAS
APPLN.NO.63 OF 2021 in
I.P. No.69 of 1999
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
DECREE DATED: 09/08/2021
FOR APPROVAL: 24/08/2021
APPROVED ON : 25/08/2021
COPY TO:-
THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.
5
IN THE HIGH COURT OF JUDICATURE AT MADRAS (IN INSOLVENCY)
MONDAY, THE 9TH DAY OF AUGUST 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN APPLN. No.63 of 2021 in IP. No.69 of 1999
In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Dr.R.Ashokan Proprietor of Arunraj Company. ... Debtor
IP No.69 of 1999
Dr.R.Ashokan S/o.M.A.Rajamani, Proprietor of Arun Raj Company, No.6, South Street, West C.I.T. Nagar Nandanam, Chennai-35.
... Petitioner/Debtor
Appln. No.63 of 2021
Dr.R.Ashokan S/o. Mr. A. Rajamani Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai – 600 109. ... Applicant/Debtor
-Versus-
https://hcservices.ecourts.gov.in/hcservices/ The Official Assignee, High Court, Madras. ... Respondent/Respondent
6
Application praying that this Hon'ble Court be pleased to grant unconditional discharge to the applicant.
Upon the application of Dr.R.Ashokan S/o. Mr. A. Rajamani,
Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai – 600 109, adjudged as insolvent on 8th day of July 1999 and upon taking into consideration the report of the Official Assignee as to the Insolvent conduct and affairs and upon hearing Mr.J.Balagopal, Advocate for the Petitioner/Debtor in I.P.No.69 of 1999 and for the Applicant in Appln.No.63 of 2021 herein; and the Official Assignee, the respondent in Appln.No.63 of 2021 herein; and upon reading the Petition filed in IP.No.69 of 1999 and Judges Summon and Affidavit of Dr.R.Ashokan filed in Appln.No.63 of 2021.
And whereas it has not been proved that the insolvents has committed any act constituting an offence under sections 421-424 of the Indian Penal Code or under the Presidency Towns Insolvency Act, 1909, and proof has not been made of any of the facts and circumstances mentioned in Subsection (2) of Section 39 or section 44 of the said Act, or that the insolvent
has been guilty of any misconduct in relation to their affairs, and
7
the court made the following order:
It is not in dispute that the insolvent has settled all the debts and there
is no claim pending before the Official Assignee.
In view of the same, the public examination of the insolvent is
dispensed with and the debtor stands discharged from the insolvency.
WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 9TH DAY OF AUGUST 2021.
Sd./-
ASSISTANT REGISTRAR Original Side-I
//CERTIFIED TO BE TRUE COPY//
DATED THIS THE DAY OF 2021.
MANAGER INSOLVENCY OFFICE
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
8
KG 18/08/2021
HIGH COURT, MADRAS
APPLN.NO.63 OF 2021 in
I.P. No.69 of 1999
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
ORDER DATED: 09/08/2021
FOR APPROVAL: 24/08/2021
APPROVED ON : 25/08/2021
COPY TO:-
THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.
1 issue framed by the court
Whether the applicant should be granted unconditional discharge from the insolvency proceedings.
2 provisions across 2 enactments
Dr. R. Ashokan
The Official Assignee, High Court, Madras
R.Subramanian
Sanjib Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
