The Official Assignee v. S. Arjunlal Sunderdas
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:17.04.2026
CORAM
THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU in I.P.No.25 of 2014 The Official Assignee High Court Madras ..Applicant(s) Vs
1. S. Arjunlal Sunderdas 23, Anderson Road Nungambakkam Chennai-6
2. B V Reddy Agencies BV Reddy Colony Chittoor A P 517001 ..Respondent(s) To direct the 2nd respondent to pay a sum of Rs.1,37,50,000/- with interest at 18% P.A. from 21.04.2014 till the date of realization with cost of the recovery proceedings.
For Applicant(s) :
M/s.K.V.Ananthakrushnan Assisted by M/s.A.Janani For Respondent(s) :
M/s.Anna Mathew For M/s.Menon
ORDER
This matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel for the respondents.
2. Heard both sides.
3. Considering the submissions made, paragraph Nos.3 to 8 shall be replaced with the following paragraphs:
"3. Ms.Anita Reddy had been adjudicated as a debtor and the dividend had also been declared in her favour in Claim No.203 of 2014. It has also been brought on record that in Application No.175 of 2016, a trust by name Dwaraknath Reddy Ramanarpanam Trust had been adjudicated with a debt of Rs.1,55,00,000/-(Rupees One Crore Fifty Five Lakhs only) and, as of today, a total claim of Rs.2,09,27,500/- (Rupees Two Crores Nine Lakhs Twenty Seven Thousand and Five Hundred only) has been made by the Official Assignee as against the debtor.
4. Similarly, in Application No.178 of 2016, another trust by name Ranjani Dwaraknath Reddy Charitable Trust had been adjudicated to be indebted to the insolvent to the extent of Rs.4,00,000/- and, as of today, a total sum of Rs.5,80,000/- had been paid as a claim against the said trust, in which also the respondent debtor is a trustee.
5. Today, she had filed an affidavit, indicating that the total sum as claimed by the Official Assignee, after deducting a sum of
Rs.5,00,000/- claimed as fees incurred before the Hon'ble Apex Court, could be adjusted to the dividend declared in her favour. Even according to them, as of today, only a sum of Rs.5,00,000/- has been expended and the balance of Rs.5,00,000/- claimed under the same head relates to future expenses. The trust has taken a conscious decision to withdraw the SLPs filed by them, and she has also placed an affidavit of undertaking to withdraw the said SLPs.
6. The learned counsel appearing for the Official Assignee would submit that out of Rs.10,00,000/- indicated as expenses and Rs.5,00,000/- has been expended and the balance is towards future expenses.
7. Considering the undertaking given by the debtor to withdraw the SLPs pending before the Hon'ble Apex Court, we are of the view that a sum of Rs.5,00,000/- (Rupees Five Lakhs only) shown as future expenses need not be paid by the debtor, in view of the undertaking given by her.
8. By also considering the fact that the debtor had been benefited with the claim and that a sum of Rs.4,27,00,000/- (Rupees Four Crores and Twenty Seven Lakhs only) had already been declared in her favour, the Official Assignee is directed to disburse the balance amount of Rs.34,75,000/- (Rupees ThirtyFour Lakhs and Seventy Five Thousand only), after deducting the amount of debt declared and in the name of the other two trusts as indicated above.
9. Such exercise shall be done within a period of two (2) weeks from the date of receipt of a copy of this order.
10. In fine, this application stands closed. No costs."
The above correction shall be carried out and fresh order copy shall be issued.
(C.V.K.,J.) (K.B.,J.) 17.04.2026 gpa
C.V.KARTHIKEYAN, J.
AND K.KUMARESH BABU, J.
gpa in I.P.No.25 of 2014 17.04.2026