The court dismissed a vexatious application filed by an alleged trustee seeking recovery from the estate of a deceased insolvent. The application was found preposterous as there was no connection between the insolvent and the claimant, and the underlying insolvency proceedings had been pending since 2014. The court dismissed the application without costs.
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.
Appln.No.33 of 2024 in I.P.No.25 of 2014
Appln.No.33 of 2024 in I.P.No.25 of 2014
Dr.G.JAYACHANDRAN,J. and C.V.KARTHIKEYAN,J.
One Mr.Mani, claimant to be a Trustee in the Rajiv Gandhi Memorial Educational Charitable Trust has taken out this application claiming a sum of Rs.45,77,000/- from the estate of Arjunlal Sunderdas, the deceased insolvent.
that on behalf of the trust, loans from the financiers were availed and this applicant gave a cheque to discharge the debt of the trust. In one such case, a financier Mr.Mukunchand, who advanced loan to the trust and received the cheque signed by the applicant initiated a suit for recovery of money in C.S.No.652 of 2004. Further, the cheque issued being dishonoured, criminal prosecution under Section 138 of the Negotiable Instruments Act,1881 was also initiated and this applicant suffered a
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Appln.No.33 of 2024 in I.P.No.25 of 2014
decree and criminal prosecution. When SLP No(Crl.)No.9388 of 2021 was filed before the Supreme Court, the applicant stated that the cheque given by him was on behalf of the trust and it was not given to discharge his personal liability. Some observations have been made by the Hon'ble Supreme Court to have recourse for recovery of the money from the trust. Taking advantage of the said observation, the applicant claims that one of the property which has been purchased by the insolvent paying due consideration is the property of the trust and he wants a sum of Rs.45,77,000/- from the estate of the deceased insolvent.
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Appln.No.33 of 2024 in I.P.No.25 of 2014
merits, the learned counsel sought leave to withdraw the application.
However, this vexatious application is dismissed without costs.
(Dr.G.J.J.) (C.V.K.J.) 11.06.2024
ari
Appln.No.33 of 2024 in I.P.No.25 of 2014
Dr.G.JAYACHANDRAN,J. and C.V.KARTHIKEYAN,J. ari
Appln.No.33 of 2024 in I.P.No.25 of 2014
11.06.2024l
1 issue framed by the court
Whether the claim for recovery of money from the estate of a deceased insolvent was maintainable given the lack of connection between the insolvent and the claimant?
1 provisions across 1 enactments
Mr.Mani
Estate of Arjunlal Sunderdas
Dr.G.JAYACHANDRAN
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
