Madras High CourtTR CMP/335/2022dismissed

R.Devaraj v. R.Panjavarna Selvi

2022-12-22Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.6659 of 2022

1. R.Devaraj

2. R.Ramalingam

3. Gnanavel

4. J.Sarashwathi

5. A.Kamila Banu

6. D.Selvi

7. M.Narayanan

8. P.Ramanathan

9. E.Karthikayani

10. S.Manohari

11. Jayalakshmi

12. S.Chinnaponnu

13. S.Kanchana

14. M.Geetha

15. T.S.Suresh ..

Petitioners vs R.Panjavarna Selvi ..

Respondent Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the case in I.P.No.1 of 2022 pending on the file of the Hon'ble Sub-Court, Melur and to transfer the case in I.P.No.1 of 2022 to any of the competent Court at Chennai.

For Petitioners :

Mr.N.Desinghu For Respondent :

Mr.M.Sathishkumar

ORDER

The transfer petition has been filed to transfer the I.P.No.1 of 2022 pending on the file of the Sub-Court, Mellur, Madurai District to a competent Court at Chennai.

2. A perusal of the insolvency proceedings filed by the respondent reveals that the application was filed under Section 10 of the Provincial Insolvency Act, 1920 on the file of the Sub-Court, Mellur, Madurai District. As far as Chennai city is concerned, the Presidential Town Insolvency Act, 1909 would be applicable and the original side of the Madras High Court has got jurisdiction to entertain the insolvency petition under the provisions of the Presidential Town Insolvency Act, 1909.

3. Thus, the application filed under the Provincial Insolvency Act, 1920 before the Sub-Court cannot be transferred to the original side of the

Madras High Court, since the procedures under the said two Acts are distinct and different.

4. That apart, the reason stated for transferring the insolvency proceedings are unacceptable. The insolvency petition is filed in the place where the case arose and thus, there is no reason to transfer the insolvency petition from Mellur, Madurai District to Chennai and consequently, the transfer petition stands dismissed. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. 22.12.2022 drm Index : Yes / No Speaking order / Non-speaking order To

1. The Sub-Court, Mellur, Madurai District.

S.M.SUBRAMANIAM, J.

(drm) and C.M.P.No.6659 of 2022 22.12.2022