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Mrs.Cannammale Vs P.R.Adikesavan — Insolvency and Bankruptcy | Madras HC (2023)

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Madras HC
2023
Mrs.Cannammale Vs P.R.AdikesavanMrs.Cannammale v. P.R.Adikesavan

Dismissed

Mrs.Cannammale v. P.R.Adikesavan

Madras HC13 Mar 2023IP/16/2008

Case brief

AI extract

What is this about?

This court dismissed an insolvency petition for non-prosecution after the petitioner failed to appear despite warnings and listing.

What the court decided

AI extract

A

I.P.No.16 of 2008

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

Insolvency Petition No.16 of 2008

Cannammale

Bascarare

(Represented by their Power of Attorney Agent K.Sourirajan)

... Petitioning Creditors

Vs.

P.R.Adikesavan

... Debtor

Parties & counsel

AI extract

petitioner
Cannammale
petitioner
Bascarare
respondent
P.R.Adikesavan

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 13 Mar 2023 · March
Registered: 15 Feb 2008
Case no.: IP/16/2008

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Cite this judgement

Mrs.Cannammale v. P.R.Adikesavan, IP/16/2008 (MAD), decided on 13 March 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

KRISHNAN RAMASAMY

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The insolvency petition was dismissed for non-prosecution as the petitioner did not appear on two separate hearing dates (06.03.2023 and 13.03.2023), indicating a lack of interest in pursuing the matter.

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.

PRAYER: The Insolvency Petition has been filed under Sections 9, 10, 11, 12 and 13 of the Presidency Towns Insolvency Act III of 1909 and Order III A of the Insolvency Rules 1958:-

(a) to treat this Petition as urgent

(b) to Adjudicate the Debtor as an Insolvent

(c) to direct that the estate of the Debtor vested in the Official Assignee of Madras, for the benefit of the general body of the Petitioning Creditor of the debtor and

https://www.mhc.tn.gov.in/judis

I.P.No.16 of 2008

(d) to order that the costs of this petition be paid by the Official Assignee of Madras, from and out of the estate of the Debtor to the Petitioning Creditors.

For Petitioner : No appearance For Respondent : No appearance

- - - - -

O R D E R

When the matter was taken up for hearing on 06.03.2023, there was

no representation on behalf of the petitioner and hence, the matter was directed

to be listed on 13.03.2023 under the caption "for dismissal". Accordingly, the matter is listed today under the caption "for dismissal".

Even today, when the matter is called, there is no representation for

the petitioner. It shows that the petitioner is not interested to pursue his case.

Hence, this Insolvency Petition is dismissed for non-prosecution. There shall be

no order as to costs.

13.03.2023

asi

https://www.mhc.tn.gov.in/judis

I.P.No.16 of 2008

To

The Official Assignee, High Court of Madras.

https://www.mhc.tn.gov.in/judis

I.P.No.16 of 2008

KRISHNAN RAMASAMY, J.

asi

Insolvency Petition No.16 of 2008

https://www.mhc.tn.gov.in/judis

13.03.2023

KRISHNAN RAMASAMY

CNR

HCMA010073232008

Topic

Insolvency and Bankruptcy

Bench

Krishnan Ramasamy

Disposal

DISMISSED FOR NON-PROSECUTION

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