Application to annul adjudication order declaring the debtor insolvent in an insolvency petition. The Official Assignee reported no claims received despite notices to six creditors. The Court allowed the application and annulled the adjudication order dated 30.03.2023.
Order of adjudication dated 30.03.2023 adjudicating the debtor as insolvent was annulled.
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.37 of 2024
Appln.No.37 of 2024 in I.P.No.4 of 2023
KRISHNAN RAMASAMY, J.,
This application has been filed to annul the order of adjudication dated 30.03.2023 adjudicating the debtor D.Raja as insolvent in I.P.No.4 of 2023.
1/3
Appln.No.37 of 2024
unserved. Only one creditor had attended the creditors meeting on 09.08.2023, however, no claim was received till date.
since the creditors have been settled out of Court, no claims have been received by the Official Assignee.
applicant and the report filed by the Official Assignee, this Court is satisfied and is inclined to allow this application.
adjudication dated 30.03.2023 is hereby annulled
26.04.2024
nsa
2/3
Appln.No.37 of 2024
KRISHNAN RAMASAMY, J.,
nsa
Appln.No.37 of 2024 in I.P.No.4 of 2023
26.04.2024
3/3
1 issue framed by the court
Whether the order of adjudication declaring the debtor insolvent should be annulled where creditors have been settled out of court and no claims received?
D.Raja
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
