Gouthama N.Mahabubani v. Rahim Sattar Ghouse Shariff
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY) FRIDAY, THE 11TH DAY OF AUGUST, 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN APPLN.NO.5 OF 2017 IN IP.No.28 OF 2014 In the matter of Presidency Towns Insolvency Act III, of 1909 and In the matter of GAUTHAM N.MAHABUBANI ... Debtor I.P.NO.28 OF 2014
1. Rahim Sattar Ghouse Sharieff S/o.late Haji R.A.Sattar Sahib
2. Mrs.Hajeera Sharieff, Both are residing at Flat No.5, New No.7, First Cross Street, Virugambakkam, Chennai-600 092. ... Petitioning Creditors -VersusGautham N.Mahabubani, S/o.N.K.Mahabubani, No.2, Krishna Cottage, Old No.45, New No.76, Halls Road, Kilpauk, Chennai-600 010.
... Debtor APPLN.5 OF 2017 Gautham N.Mahabubani, S/o.N.K.Mahabubani, No.2, Krishna Cottage, Old No.45, New No.76, Halls Road, Kilpauk, Chennai-600 010.
...Applicant/Debtor -VS1. Rahim Sattar Ghouse Sharieff S/o.late Haji R.A.Sattar Sahib ... 1st Respondent/Petitioning Creditor
2. Mrs.Hajeera Sharieff, Both are residing at Flat No.5, New No.7, First Cross Street, Virugambakkam, Chennai-600 092.
... 2nd Respondent/Petitioning Creditor 3.The Official Assignee, High Court, Chennai.
... 3rd Respondent Application praying that this Hon'ble Court be pleased to annul the order of adjudication dated 17.11.2014 passed in I.P.No.28 of 2014 as against the applicant. The above application coming on this day before this court for hearing in the presence of Mr.Pitty Parthasarathy, advocate for the Applicant/Debtor, Mr.S.Ramesh, advocate for the Respondents 1 &2/Petitioning Creditors and Mrs.C.B.Meena, Official Assignee of this court, the 3rd respondent herein and upon reading the Judges Summons and affidavit of Gautham N.Mahububani filed herein and the report of the Official Assignee dated 02.02.2017, filed herein, THE COURT MADE THE FOLLOWING ORDER :-.
The applicant debtor has filed this application in I.P.No.28 of 2014. I.P.No.28 of 2014 had been filed by the petitioning creditors, stating that they had obtained a decree in O.S.No.7241 of 2012 on the file of the XV
Additional City Civil Court, Chennai and since, the present applicant did not satisfy with the decree, they had filed insolvency notice in I.N.No.101 of 2013. The amount was not paid. The insolvency notice was not discharged. Consequently, this I.P. Was filed.
2. This Court had passed an order on 17.11.2014 adjudicating the present applicant as an insolvent. I am not going into the facts of the case, since it has been stated that applicant herein had paid the amounts due to the creditor. Counsel for the petitioning creditor also acknowledges the same. The applicant had been adjudicated as an insolvent. The applicant also states that he is prepared to pay 7% Government Commission to the Official Assignee, in view of the expenses incurred by them. The applicant states that he has actually paid such amount. The Official Assignee has also concurred with such arrangement.
3. In view of the same, the order of adjudication dated 17.11.2014 passed in I.P.No.28 of 2014 against the applicant Gouthama N Mahabubani, S/o. N.K.Mahabubani residing at No.15, VGP South Avenue, Panayur, Chennai - 600 119 is annulled.
4. This application is allowed. It is also mentioned that a sum of Rs.1,00,000/- is lying with the office of the Official Assignee. The Official Assignee is directed to
return back the said sum of Rs.1,00,000/- to Rahim Sattar Ghouse Shariff, S/o. Late Haji R.A.Sattar Sahib on proper acknowledgement and identification.
WITNESS, THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 11TH DAY OF AUGUST 2017.
sd/- ASSISTANT REGISTRAR(O.S.I) //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2017 MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
cns-21.08.2017 HIGH COURT, MADRAS APPLN.No.5 OF 2017 IN I.P.NO.28 OF 2014 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN ORDER DATED:11.08.2017 FOR APPROVAL: 22/08/2017 APPROVED ON : 22/08/2017 COPY TO:- THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.