The Official Assignee v. S.Arjunlal Sunderdas
Case brief
What is this about?
Application No.238 of 2017 was dismissed as withdrawn by the Official Assignee following orders of a Division Bench rendered on 28.06.2019.
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)
THURSDAY, THE 7TH DAY OF APRIL 2022 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
APPLN.No.238 of 2017 in APPLN.No.334 of 2015 in I.P. No.25 of 2014
In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Arjunlal Sunderdas
...Debtor
I.P.NO.25 OF 2014:-
Smt.Chitra Desai Residing at 3A-302, Oakland Park, Yamuna Nagar, Lokhandwala Complex, Andheri (West), Mumbai. ... Petitioning Creditor
-VS-
Mr.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006. ... Respondent / Debtor
APPLN.No.334 of 2015:-
The Official Assignee High Court, Madras.
... Applicant
2
-VS-
1.S.Arjunlal Sunderdas
23, Anderson Road, Nungambakkam, Chennai-600 006.
...1st Respondent/Insolvent
6.Indira Gandhi Memorial Charitable Trust Respondents 3 to 6 are at 36, Anjaneyar Koil Street, Poonamallee, Chennai 600056.
S/o.R.Anbarasu,
Res.at 105, Kamala Gardens, Kumananchavadi, Kattupakkam, Chennai 600 056.
https://hcservices.ecourts.gov.in/hcservices/ 16/6, Appadurai Street, Teynampet, Chennai 600 018.
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13.JRP Enterprises 16/6, Appadurai Street, Teynampet, Chennai 600 018.
14.Kamala Anbarasu
37,Anjaneyar koil Street, Poonamallee, Chennai 600 056.
15.A.Meenakshi, 16/6, Appadurai Street, Teynampet, Chennai 600 018.
... Respondents
APPLN.No.238 of 2017:-
The Official Assignee High Court, Madras.
... Applicant
-VS-
...1st Respondent/Insolvent
https://hcservices.ecourts.gov.in/hcservices/ Respondents 3 to 6 are
at 36, Anjaneyar Koil Street, Poonamallee, Chennai 600056.
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7.Annai Fabricators
8.Soorya Agencies
9.Prathna Gas Agencies
10.Prathna Industries Responedents 7 to 10 are at 16/6, Appadurai Street, Teynampet, Chennai 600 018.
11.Arul Anbarasu S/o.R.Anbarasu, Res.at 105, Kamala Gardens, Kumananchavadi, Kattupakkam, Chennai 600 056.
12.Meena Arul 16/6, Appadurai Street, Teynampet, Chennai 600 018.
13.JRP Enterprises 16/6, Appadurai Street, Teynampet, Chennai 600 018.
Kamala Anbarasu(Deceased), 37,Anjaneyar Koil Street, Poonamallee, Chennai 600 056.
14.A.Meenakshi, 16/6, Appadurai Street, Teynampet, Chennai 600 018. ... Respondents
Application praying that this Hon'ble Court be pleased to pass an
order declaring that the property admeasuring 25.44 acres at Chowkkathangal Village, Sriperumbudur Taluk which is morefully described in the Schedule vest in the Official Assignee as the owner of the
insolvent or the charge created on the property vest in the Official Assignee.
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The above application coming on this day before this Court for
hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the
Official Assignee, the applicant herein; and upon reading the Judges summon and Report of the Official Assignee filed herein; and endorsement made by the Official Assignee stating that “The applicant – Official Assignee may be permitted to withdraw this Application No.238/2017 in view of the orders passed by the Hon'ble Division Bench, on 28.06.2019 in E.P.No.5/2019 in Application No.335/2015 in I.P.No.25 of 2014 .” and
it is ordered:-
That the Appln.No.238 of 2017 in Appln.No.335 of 2015 in I.P.No.25 of 2014 be and is hereby dismissed as withdrawn.
WITNESS, THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 7TH DAY OF APRIL 2022.
Sd./-
ASSISTANT REGISTRAR
Original Side – I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2022.
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 12/04/2022
HIGH COURT, MADRAS
APPLN. No.238 OF 2017 IN APPLN. No.334 of 2015 IN I.P.NO.25 of 2014
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
DECREE DATED:07/04/2022
FOR APPROVAL:19/04/2022
APPROVED ON : 19/04/2022
COPY TO:-
The Official Assignee, High Court, Madras.
1 provisions across 1 enactments
The Official Assignee High Court, Madras
Arjunlal Sunderdas
G. Jayachandran
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court