S.G.Engineering v. The Official Assignee

ABDUL QUDDHOSE, J.

1.S.G. Engineering, Through its Proprietor Sri.N. Sanjeevi No.47, Shop No.2, C-Block, II Avenue, Anna Nagar, Chennai - 600 040.

2.N. Sanjeevi, Flat No. N-5, K-Block 109, Boungainvilla Apartments, Anna Nagar East, Chennai - 600 102.

... Applicants/Insolvents Vs.

The Official Assignee, High Court of Judicature at Madras, High Court Buildings, Madras - 600 104.

... Respondent This application has been filed by the insolvent seeking to condone the delay of 960 days in filing the discharge petition.

2. In the affidavit filed by the second applicant on his behalf and on behalf of the first applicant, in support of this application, the second applicant has stated that he was not aware that discharge petition will have to be filed immediately after adjudication as an insolvent. He would state that he was under the impression that only after completion of public examination, an application for discharge can be filed. The second applicant has also stated that due to his illness, financial crisis and family circumstances, he was unable to file the discharge petition on time by engaging a counsel.

3. The learned Official Assignee has also not raised any serious objection for allowing this application.

4. This Court is satisfied with the reasons stated in the accompanying affidavit, seeking to condone the delay of 960 days in filing the discharge petition.

5. Accordingly, this Application is allowed, as prayed for. Registry is directed to number the discharge petition, if it is otherwise in order.

17.07.2023 Sni

ABDUL QUDDHOSE, J.

Sni 17.07.2023