The Official Assignee v. Uzhaipali Achari

in I.P.No.78 of 2000 KRISHNAN RAMASAMY, J., The application in Appln.No.80 of 2024 has been filed to permit the Official Assignee to disburse the first and final dividend at rate of 100 paise in a rupee to the tune of Rs.92,68,804/- to the 1329 proved unsecured creditors.

2. The application in Appln.No.83 of 2024 has been filed to permit the Official Assignee to refund the surplus amount of Rs.4,90,000/- available in this estate to the insolvent.

3. The application in Appln.No.84 of 2024 has been filed to permit the Official Assignee to return the original documents pertaining to the immovable property bearing Door No.92, Santha Pettai, Gudiyatham Taluk, to the insolvent.

4. The application in Appln.No.85 of 2024 has been filed to annul the order of adjudication dated 21.09.2000 adjudicating the debtor M.Uzhaipali Achari as insolvent in IP.No.78 of 2000.

5. The application in Appln.No.86 of 2024 has been filed to permit the Official Assignee to pay a sum of Rs.23,950/- being Valuers Fee payable to Page No.1/4

Mr.P.Anbarasan for having valuated the property of the insolvent.

6. The application in Appln.No.87 of 2024 has been filed to permit the Official Assignee to pay a sum of Rs.60,000/- to Thiru D.G.Prabhakaran, Advocate for having conducted the case in OS.No.30 of 2001.

7. The learned Official Assignee would submit that in the present case, originally the respondent is declared as insolvent by virtue of the order of this Court dated 21.09.2000. The total liability of the respondent is a sum of Rs.92,68,804/- along with interest and there are 1329 proved unsecured creditors. Thus, these applications have been filed.

8. On considering the submission made by the learned Official Assignee and on perusing the materials available on record, this Court is inclined to allow these applications.

9. Accordingly, all these applications are ordered as prayed for. Thus, the order of adjudication dated 21.09.2000 is hereby annulled and the learned Page No.2/4

Official Assignee is permitted to disburse a sum of Rs.92,68,804/- along with interest, to the proved unsecured creditors.

10. Further, the learned Official Assignee is permitted to pay a sum of Rs.23,950/- to Mr.P.Anbarasan as Valuation Fee and a sum of Rs.60,000/- to Thiru D.G.Prabhakaran, Advocate as legal fees.

11. That apart, the learned Official Assignee is also permitted to refund the surplus amount of Rs.4,90,000/- and the original documents pertaining to the immovable property bearing Door No.92, Santha Pettai, Gudiyatham Taluk, to the insolvent.

05.04.2024 nsa Page No.3/4

KRISHNAN RAMASAMY, J., nsa in I.P.No.78 of 2000 05.04.2024 Page No.4/4