The Madras High Court allowed an application by the Official Assignee to condone a 2205-day delay in filing a written statement, citing the complexity of insolvency adjudication and creditor interests, and posted for issue framing.
Application to condone delay allowed; written statement taken on file and case posted for framing issues.
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.
A.No.672 of 2021 and C.S.No.121 of 2014
A.No.672 of 2021 and C.S.No.121 of 2014
Dr.G.JAYACHANDRAN,J. & C.V.KARTHIKEYAN, J.
This application is to enlarge time to file written statement.
2.The facts as found in the application is that the applicant/the Official Assignee was substituted in the place of the insolvent by an order dated 08.09.2014. Suit summon was served on him on 13.01.2015. As per the Original Side Rules of High Court of Madras, the written statement ought to have been filed within a period of 45 days i.e. on or before 28.02.2015. However, in this case, the Official Assignee has chosen to file the written statement only on 25.01.2021. Since the Registry has returned the written statement for filing without application to condone the delay, the Official Assignee has now come before this Court by way of filing the application to condone the delay of 2205 days.
Page 1 of 4 https://www.mhc.tn.gov.in/judis
A.No.672 of 2021 and C.S.No.121 of 2014
3.The suit is filed by one Arumugam for money decree or in alternate to sell the suit schedule property in lieu of payment of the principal, interest and costs. Before the suit could be numbered, the second defendant-Arjunlal Sunderdas was declared as insolvent in adjudication in I.P.No.25 of 2014, vide order dated 21.04.2014, which has enable the Official Assignee to be substituted in the place of insolvent Arjunlal Sunderdas. Meanwhile, certain other proceedings have taken place in connection with insolvency proceedings and citing those reasons for delay, this application is filed to condone the delay and accept the written statement filed earlier. Like all other applications to condone delay filed in recent time, the pandemic situation is also cited as one of the reasons for the delay.
Page 2 of 4
A.No.672 of 2021 and C.S.No.121 of 2014
Assignee to properly represent the estate of the insolvent. Hence, this application is allowed. Written statement is taken on file.
Post the case on 12.07.2022 for framing issues.
(Dr.G.J.J.) (C.V.K.J.)
05.07.2022
ari
Page 3 of 4 https://www.mhc.tn.gov.in/judis
A.No.672 of 2021 and C.S.No.121 of 2014
Dr.G.JAYACHANDRAN,J. & C.V.KARTHIKEYAN, J.
ari
A.No.672 of 2021 and C.S.No.121 of 2014
05.07.2022
Page 4 of 4 https://www.mhc.tn.gov.in/judis
2 issues framed by the court
Whether to condone the delay of 2205 days in filing the written statement.
The effect of insolvency proceedings and pandemic on the filing deadline.
1 provisions across 1 enactments
Official Assignee
Arumugam
Dr. G. Jayachandran, J.
C. V. Karthikeyan, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
