S.Gopinath Alias Arputharaj Vs
Case brief
What is this about?
This order annuls a prior insolvency adjudication order against the petitioner. The Official Assignee filed a report stating the full debt including interest was settled by the petitioner. The court permitted the disbursement of funds to the sole creditor, effectively allowing the petitioner to clear the insolvency.
What did the court decide?
The Order of Adjudication is annulled. Permission granted to the Official Assignee to disburse Rs. 89,522/- to M/s. Cholamandalam Investment and Finance Company Limited.
What the court decided
A compact analysis
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.
I.P.No.25 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
I.P.No.25 of 2017 and Appln.Nos.37 and 38 of 2021 S. Gopinath alias Arputharaj Old Door .13, New Door No.18, Bucks Road, Raja Annamalaipuram, Chennai – 600 028. ... Debtor/Petitioner
Prayer : Petition filed under Sections 9(1)(f), 10, 11, 14 and 15 of the Presidency Towns Insolvency Act, 1909 and Order 18 Rule 1 of the Insolvency Rules, 1955 to pass an order adjudicating the petitioner as an insolvent and directing that his estate may be administered by the Official Assignee, High Court in a summary manner.
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I.P.No.25 of 2017
For Debtor/Petitioner : Mr.B.Elango No appearance
Issues for consideration
2 issues framed by the court
Whether the Order of Adjudication should be annulled and the insolvent permitted to discharge debts upon payment to creditors.
Permission to disburse admitted claim amounts including interest to the sole creditor.
Parties & counsel
- petitioner
S. Gopinath alias Arputharaj
Coram
P.T. ASHA
Case details
As recorded by the court registry
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