The Official Assignee v. V. Deva Senambigai

Application (IP) No.16 of 2023 in I.P.No.33 of 2011 KRISHNAN RAMASAMY, J.

This application has been filed by the Official Assignee seeking to grant an order permitting him to close the administration in the insolvency proceedings pertaining to I.P.No.33 of 2011.

2. This Court vide its order in I.P.No.33 of 2011 dated 28.04.2014, declared the respondents 1 & 2 as insolvents and further, ordered that the estate of the debtors shall vest with the Official Assignee at Chennai, for the benefit of the general body of the creditors. Pursuant to the said order, the Official Assignee invited the claims from the insolvents/respondents 1 & 2. Upon receipt of claims, the respondents 1 & 2 have settled the entire claims and thereafter, they filed an Application No.170 of 2019, for setting aside the said ex-parte order, which was allowed by this Court vide order dated 11.11.2019.

3. Since the ex-parte order passed against the respondents 1 & 2 has been set aside and all actions have been completed in I.P.No.33 of 2011, the 1/3

Official Assignee prayed this Court to permit him to close the administration in the insolvency proceedings pertaining to I.P.No.33 of 2011.

4. The learned counsel appearing for the respondents 1 & 2 has also prayed this Court to close the insolvency proceedings initiated against the respondents 1 & 2 in I.P.No.33 of 2011.

5. Upon hearing the Official Assignee as well as the learned counsel for the respondents 1 & 2 and having regard to the reasons stated in the affidavit filed in support of this Application, this Court is inclined to allow this Application. Accordingly, this Application is allowed. 13.02.2023 mrr 2/3

KRISHNAN RAMASAMY, J.

mrr Application (IP) No.16 of 2023 in I.P.No.33 of 2011 13.02.2023 3/3