A,.Gowharjan v. The Official Assignee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY) MONDAY THE 17TH DAY OF JUNE 2019 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA APPLN. No.73 of 2019 in IP. No.128 of 1998 In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of A.Gowharjan IP. NO. 128 of 1998 A. Gowharjan W/o. Late R. Abdhul Rajack NO.3, V.O.C. II Main Street, Kodambakkam, Chennai - 24.
... Insolvent APPLN. NO.73 OF 2019 A.Gowharjan W/o.Late R.Abdul Rajack NO.3, V.O.C. II Main Road, Kodambakkam, Chennai - 24.
... Applicant / Insolvent -VSThe Official Assignee High Court, Madras 600 104.
... Respondent/Respondent Application praying that this Hon'ble court be pleased to direct the Official Assignee to payment out either of balance amount or a sum of Rs.25,00,000/- from the available balance in the estate of Applicant/Insolvent after deducting necessary charges from sum of Rs.40,17,464/-.
This application coming on this day before this Court
for hearing in the presence of Mr.J.Selvarajan, advocate for the applicant/insolvent and the Official Assignee of this Court, the respondent herein and upon reading the Judges Summon and affidavit of Gowharjan, filed herein and the report of the Official Assignee dated 14.06.2019 filed herein and THE COURT MADE THE FOLLOWING ORDER :- A report dated 14.06.2019 is filed by the Official Assignee.
2. It is stated that the insolvent A.Gowherjan was discharged unconditionally from all debts by order of this Court dated 21.01.2013 in Application No.257 of 2012. O.S.Appeal Nos.91 to 93 of 2016 have been preferred by the Official Assignee against the dismissal order dated 07.03.2016 passed by this Court in Application Nos.28, 29 & 32 of 2015 in I.P.Nos.77 and 134 of 2002 for waiver of interest that may be payable for the Assessment years 20082009 to 2014-2015 under the Income Tax Act.
3. It is now stated that the issue of waiver of interest payable under Sections 234A, 234B and 234C of the Income Tax Act is pending before the Hon'ble Supreme Court of India and the order that may be passed in the S.L.Ps. will have a bearing on the said issue. It is stated by the learned Official Assignee that there is a surplus amount of Rs.40,00,000/- in his hands after reserving the amount payable to the Income Tax department.
4. In paragraph 11 of the report, it is stated that after making payment to secured and unsecured creditors and 7% Government commission on realization and after reserving for the pending bills, such as, Basic Tax, 234A, 234B and 234C, Legal Fees, Auditors fees and other administration expenses, a sum of Rs.40,00,000/- is available in the estate and the Official Assignee has stated that the same may be returned to the insolvent/Applicant on production of proof of his identity and complying with the other formalities that may be required in this regard. The said exercise shall be completed within four weeks from the date of receipt of a copy of this order. 5.Accordingly,the application is ordered to the extent indicated above.
WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 17TH DAY OF JUNE 2019.
sd/- ASSISTANT REGISTRAR Original Side - I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2019 MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
cns - 24.06.2019 HIGH COURT , MADRAS APPLN. No.73 of 2019 in I.P. No.128 of 1998 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA ORDER DATED: 17.06.2019 FOR APPROVAL: 24/06/2019 APPROVED ON : 24/06/2019 COPY TO:
THE OFFICIAL ASSIGNEE HIGH COURT,MADRAS.