Madras High CourtAPPLN/105/2016allowed

The Official Assigee v. S.Arjunlal Sunderdas

2019-04-26Honourable Dr Justice G. Jayachandran,Honourable Mr Justice C.V. Karthikeyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) FRIDAY, THE 26TH DAY OF APRIL 2019 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN APPLN.NO.105 OF 2016 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 -VSMr.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... Respondent / Debtor APPLN.NO.105 OF 2016 High Court, Madras ... Applicant -VS1.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... 1st Respondent / Insolvent 2.Lonewolf Productions, No.13, Devasigamani Street, Off.T.T.K.Road, Royapettah, Chennai 600 014.

... 2nd Respondent Application praying that this Hon'ble Court be pleased to direct the 2nd respondent to pay a sum of Rs.19,50,000/- with interest at 18% p.a. From 26.03.2013 till date of realization with cost of the recovery proceedings.

This above application coming on this day before this court for hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the Official

Assignee of this Court, the applicant herein; the 2nd respondent herein not appearing in person or by advocate and the 2nd respondent having been set ex-parte on 14.02.2018; and upon reading the Judges Summon and Report of the Official Assignee filed herein and upon perusing the evidence adduced herein and the exhibits marked thereon; and this Court having observed that the Official Assignee had stated that the second respondent had received a sum of Rs.19,50,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 26.03.2013 and it was also stated that this amount was reflected in the accounts and there has been no subsequent transaction to prove discharge and IT IS ORDERED :- That the 2nd respondent be and is hereby directed to pay a sum of Rs.19,50,000/- with interest at 18% p.a. From 26.03.2013 till date of realization with cost of the recovery proceedings.

WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 26TH DAY OF APRIL 2019.

sd/- ASSISTANT REGISTRAR Original Side - I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2019 COURT OFFICER(OS) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

cns-29.04.2019 HIGH COURT, MADRAS APPLN. No.105 OF 2016 I.P.NO.25 of 2014 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN ORDER DATED: 26.04.2019 FOR APPROVAL: 29/04/2019 APPROVED ON : 29/04/2019 COPY TO:- High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

... Petitioning Creditor -VSMr.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... Respondent / Debtor APPLN.NO.105 OF 2016 High Court, Madras ... Applicant -VS1.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... 1st Respondent / Insolvent 2.Lonewolf Productions, No.13, Devasigamani Street, Off.T.T.K.Road, Royapettah, Chennai 600 014.

This above application coming on this day before this court for hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the Official Assignee of this Court, the applicant herein; the 2nd respondent herein not appearing in person or by advocate and the 2nd respondent having been set ex-parte on 14.02.2018; and upon reading the Judges Summon and Report of the Official Assignee filed herein and upon perusing the evidence adduced herein and the exhibits marked thereon; and THE COURT MADE THE FOLLOWING ORDER :- This application had been filed by the Official Assignee seeking a Judgment and Decree against the second respondent, Lonewolf Productions, No.13, Devasigamani Street, Off. T.T.K.Road, Royapettah, Chennai - 600 014, to pay a sum of Rs.19,50,000/- with interest at 18% p.a., from 26.03.2013 till date of realisation with cost of the recovery proceedings.

2. The Official Assignee had stated that the second respondent had received a sum of Rs. 19,50,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 26.03.2013. It was also stated that this amount was reflected in the accounts. There has been no subsequent transaction to prove discharge. The Official Assignee had issued notice calling upon the second respondent to pay the amount.

3. Notice was directed to the second respondent in this application. There is no representation on behalf of the second respondent and therefore, the second respondent was set ex-parte on 14.02.2018. Thereafter, the applicant was directed to take evidence.

Accordingly, A.S.Velumani, Sub Assistant Registrar attached to the office of the Official Assignee, High Court, Madras, filed proof affidavit and was examined as PW-1. He filed Exs. A-1 to A-5. Ex.A-1 is the true copy of the relevant pages in the Auditor Ranga Ramanujam's Report dated 01.04.2013 to 31.03.2014; Ex.A-2 is the true copy of the relevant page in Auditor Annamalai Associates's Report; Ex.A-3 is the true copy of the notice dated 17.08.2015 sent by the Official Assignee along with copy of acknowledgment; Ex.A-4 is the true copy of the relevant entries in schedule of affairs (No.38) filed in the Court; and Ex.A-5 is the true copy of the relevant bank entry. Thereafter, the first respondent namely, the insolvent, Arjunlal Sunderdas also appeared before the Court and filed his proof affidavit and was examined as RW-1. He also confirmed that the second respondent had borrowed a sum of Rs. 19,50,000/- on 26.03.2013, which amount was paid through RTGS/Cheque. He affirmed that the second respondent had not paid any amount towards discharge.

5. In view of the above evidence, this Application

is allowed and the decree is passed accordingly against the second respondent as prayed for.

WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 26TH DAY OF APRIL 2019.