M.A.Mohamed Ilyas v. Vumidiar Bankers

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU APPLN (IP) No. 27 of 2026 in I.P.No.60 of 1981

1. M.A.Mohamed Ilyas

2. M.A.Mohamed Yusuff

3. M.A.Mohamed Asraf Ali

4. Naseera Banu

5. M.N.Niyaz Ahamed

6. Rahima Mahajabeen M N

7. Abdul Latheef Irfan

8. Najmunnisha Begum,

9. Kathija Yasmin Banu 10.Mohamed Thameemul Ansari, 11.Zarin Jasmin Thameem ..Applicant(s) Vs

1. M/s.Vumidiar Bankers No.111, Sir Thyagaraya road, T.Nagar, Madras-600 017.

2. Kannappan Motor Stores Rep by its partners, No.2, General Patters Road, Madras-2.

3. M.K.Govindasamy No.2, General Patters Road, Madras-2

4. K.G.Shanker No.2, General Patters Road, Madras-2

5. The Official Assignee High Court, Madras.

..Respondent(s) Judges Summons under II Rule 1 of the Insolvency Rules read with Section 7 of PTI Act, 1909, praying to direct the Official Assignee, High Court of Madras/ 5th Respondent to execute, present and register the Rectification Deed to the Sale Deed dated 07.04.1982 bearing Doc.No.634 of 1982 on the file of Sub Registrar, Mylapore, in favour of the applicant by duly incorporating the corrections mentioned in the Schedule "B" hereunder within the time stipulated by this Hon'ble High Court.

For Applicant(s):

Mr.A.R.Balaji For Respondent(s):

Mr.S.Santhana Kumar For Official Assignee

ORDER

This application has been filed to direct the Official Assignee, High Court of Madras/ 5th Respondent to execute, present and register the Rectification Deed to the Sale Deed dated 07.04.1982 bearing Doc.No.634 of 1982 on the file of Sub Registrar, Mylapore, in favour of the applicant by duly incorporating the corrections mentioned in the Schedule "B" hereunder within the time stipulated by this Hon'ble High Court.

2. Heard Mr.A.R.Balaji, learned counsel for the applicant and Mr.S.Santhana Kumar, for the Official Assignee.

3. A report has been filed by the Official Assignee, indicating that there has been an inadvertent error with regard to the survey number that was mentioned in the sale deed. However, in paragraph No.19, the report indicates that the present details as sought for could not be incorporated, as the same could not be correlated. For better appreciation, the relevant paragraphs 18 and 19 are extracted hereunder:

"18. It is submitted that at the time of executing the Deed of Conveyance by the then Official Assignee on 07.04.1982, in respect of the property of the first insolvent M.K.Govindaswamy, the R.S.Numbers were mentioned as R.S.Nos.1103/3, 1131, 1132 and 1127/78 instead of "R.S.Nos.1130/3, 1131, 1132 and 1127/78", which is neither willful nor wanton but due to the typographical error crept in the R.S. Number as mentioned 1103/3 instead of 1130/3 and the Official Assignee may be permitted to correct the R.S. number as 1130/3 instead of 1103/3 by executing the Deed of Rectification.

19. It is submitted that in the Judges Summons filed by the Applicants in the Application No.27 of 2026 in I.P.No.60 of 1981, in a portion fo SCHEDULE B the following lines which contains the present details of the immovable property were included as presently Old No.8, New No.2, Dr.Radhakrishnan Road, 6 th Street, Mylapore, Chennai - 600 004, Block No.24, Mylapore (Part 1) Town, Mylapore Taluk, Chennai District may not be incorporated, as they are not mentioned anywhere in the Original Document Nos.585 of 1975 (Document which confers the title to the 1st insolvent M.K.Govindaswamy) and 634 of 1982 (Sale Deed executed by the then Official Assignee in

favour of the purchasers) registered on the file of the SubRegistrar, Sub Registrar Office, Mylapore, Chennai."

4. In view of the same application, the application stands ordered with a direction to the Official Assignee to execute a rectification deed only for rectifying the survey number, which has been admitted to in paragraph No.18 of the order. The Registering Authority shall register the document, taking consideration Section 115 of the Registration Act. No costs. 12-06-2026 Index: Yes/No Speaking/Non-speaking order kak To The Official Assignee High Court, Madras.

K.KUMARESH BABU, J.

kak in I.P.No.60 of 1981 12-06-2026

Appln (IP) No.27 of 2026 in I.P.No.60 of 1981 K.KUMARESH BABU, J.

The matter had been listed today under the caption 'for being mentioned' indicating that the benefit granted vide order dated 12.06.2026 does not relate to the Registration Act. Instead of Section 115 of Presidency-Towns Insolvency Act, 1909, it has been erroneously typed as Section 115 of the Registration Act. Therefore, paragraph No.4 of the order dated 12.06.2026 shall read as follows: "4. In view of the same, the application stands ordered with a direction to the Official Assignee to execute a rectification deed only for rectifying the survey number, which has been admitted to in paragraph No.18 of the order. The Registering Authority shall register the document, taking consideration Section 115 of the Presidency-Towns Insolvency Act, 1909"

2. Accordingly, Registry is directed to issue a corrected copy of the order to the parties immediately.

22.06.2026 vji