The Hon'ble Mr. Justice R. Subramanian in an insolvency proceeding set aside the Insolvency Notice in IN.No.16 of 2020 after the petitioning creditor stated that the matter had been settled and raised no objection.
The Insolvency Notice in IN.No.16 of 2020 be and is hereby set aside.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY)
MONDAY THE 25TH DAY OF OCTOBER 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
APPLN.No.75 OF 2021 IN IN.No.16 OF 2020
In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of S.V. Subrahmanyam and another
... Debtors
IN.No.16 of 2020
Gouri Shanker Srinivasan, S/o.Srinivasan, Shivalaya 607 A, 182, Ethiraj Salai, Egmore, Chennai – 600 008.
...Petitioning Creditor
-VS-
1.S.V.Subrahmanyam, S/o.Subbarayadu, carrying on business at First floor, Mootha Centre, No.23, Kodambakkam High Road, Nungambakkam, Chennai – 600 034.
2.V.Sunilkumar, S/o.Subrahmanyam,
Now both residing at No.J-57, Anna Nagar East, Chennai – 600 102.
... Debtors
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Appln. No.75 of 2021
1.S.V.Subrahmanyam, S/o.Subbarayadu, carrying on business at First floor, Mootha Centre, No.23, Kodambakkam High Road, Nungambakkam, Chennai – 600 034.
2.V.Sunilkumar, S/o.Subrahmanyam, Now both residing at No.J-57, Anna Nagar East, Chennai – 600 102. ... Applicants -VsGouri Shanker Srinivasan, S/o.Srinivasan, Shivalaya 607-A, 182, Ethiraj Salai, Egmore, Chennai – 600 008. ...Respondent
Application praying that this Hon'ble Court be pleased to set aside the Insolvency Notice in IN.No.16 of 2020.
The above application coming on this day before this Court for hearing in the presence of Mr.A.Babu, advocate for the applicants/debtors herein; and of Mr.T.Srikanth, advocate for the respondent/petitioning creditor herein; and upon reading the Judges Summon and affidavit of S.V.Subramanian filed herein and the learned counsel for the Petitioning Creditor/respondent submitted that the matter has been settled and has no objection to set aside the Insolvency Notice and
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It is ordered:-
That the Insolvency Notice in IN.No.16 of 2020 be and is hereby set
aside.
WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 25TH DAY OF OCTOBER 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.
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PK 15/11/2021
HIGH COURT , MADRAS
APPLN. No.75 of 2021 IN IN No.16 of 2020
THE HON'BLE MR.JUSTICE R. SUBRAMANIAN
DECREE DATED:25/10/2021
FOR APPROVAL: 18/11/2021
APPROVED ON : 18/11/2021
COPY TO: OFFICIAL ASSIGNEE HIGH COURT,MADRAS
1 issue framed by the court
Whether the Insolvency Notice in IN.No.16 of 2020 should be set aside upon settlement.
1 provisions across 1 enactments
S.V.Subrahmanyam and another
Gouri Shanker Srinivasan
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
