Anjalai v. Murugan
Case brief
What is this about?
Revision petition challenging dismissal of insolvency application without numbering or hearing. Court found dismissal erroneous and ordered setting aside impugned order.
What did the court decide?
Impugned order ordered dated 05.04.2010 set aside. Directed to number application and pass orders on merits after hearing both sides.
What the court decided
C.R.P(PD)(MD) No.1669 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P(PD) (MD)No.1669 of 2010 and M.P(MD) No.01 of 2010
Anjalai ... Petitioner/Petitioner in I.P / 3rd Party in I.P
Vs. 1.Murugan ... 1st Respondent/1st Respondent in I.P/Petitioner in I.P 2.Nagarajan ... 2nd Respondent/2nd Respondent in I.P/1st Respondent in I.P 3.Thangaraj ... 3rd Respondent/3rd Respondent in I.P/2nd Respondent in I.P
PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order dated 15.07.2010 and made in S.R.No.190 of 2010 in I.P.No.17 of 2004 on the file of the Court of the Principal District Court, Pudukkottai.
For Petitioner : Mr.K.Balasundaram For Respondents : No appearance
ORDER
The petitioner/third party, who had filed an application under Section 35 of the Provisional Insolvency Act, is the petitioner before this Court. She has filed the revision petition challenging the dismissal of her above referred application by the learned Principal District Judge, Pudukottai, without numbering the said application by stating that the papers have already been sent to the official receiver and therefore, the application could not be considered.
Issues for consideration
3 issues framed by the court
Whether the impugned order dismissing the insolvency application without numbering or calling out the petitioner was erroneous?
Whether the Principal District Judge ought to have heard both parties before passing an order on the insolvency application?
Whether the reasoning that records were sent to the official receiver justifies dismissal of the application without numbering?
Parties & counsel
- petitioner
Anjalai
- respondent
Murugan
- respondent
Nagarajan
- respondent
Thangaraj
Coram
Case details
As recorded by the court registry
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