M.S. Yakobudeen v. The Official Assignee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM O.S.A.No.326/2017 M.S.Yakobudeen .. Appellant Vs 1.The Official Assignee High Court, Madras.

2.C.Shiv Subramanian 3.S.Ramesh Kumar .. Respondents Prayer:- Original Side Appeal filed under Order XXXVI Rule 1 O.S.Rules read with Clause 15 of the Letters Patent against the decree and judgment dated 16.08.2017 in Application No.124/2016 in IP.No.35/2008 on the file of this Court, Praying this court to annual the order of adjudication of insolvency passed in favour of C.Shiv Subramanian, made in I.P.No.35/08, dated 30.09.2011.

For Appellant :

Mr.J.R.K.Bhavanantham For R2 :

Mr.R.Subramanian

JUDGMENT

[Judgment of the Court was made by M.SATHYANARAYANAN, J.] The learned counsel for the appellant seeks permission of this Court to withdraw the Original Side Appeal as the same has become infructuous in view of the annulment insolvency of the insolvent made by the Insolvency Court. He has also made an endorsement in the Appeal to that effect.

Heard the submissions of Mr.R.Subramanian, learned counsel appearing for the 2nd respondent.

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In view of the submission and endorsement made by the learned counsel for the appellant, this Original Side Appeal is dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To 1.

The Official Liquidator, High Court, Madras +1cc to Mr.J.R.K.Bhavanantham, Advocate, S.R.No.31521 O.S.A.No.326/2017 PPA(CO) CS/07/06/18 https://hcservices.ecourts.gov.in/hcservices/