S.Paulraj v. T.Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY S.Paulraj ... Petitioner/Creditor Vs.

T.Murugan ... Respondents/debtors PRAYER : Insolvency Petition is filed under Sections 9, 10, 11, 12 & 13 of the P.T.I. Act,III, 1909 and Order III-A of the Insolvency Rules, 1958, praying;

(a) to treat this petition as urgent;

(b) to adjudicate the debtors as insolvents;

(c) to direct that the estate of the debtors be vested in the Official Assignee of Madras, for the benefit of the General body of creditors of the debtors;

(d) to order that the costs of this petition paid by the Official Assignee

of Madras, from and out of the estate of the debtors to the petitioning creditor;

For Petitioner : Mr.T.Srikanth For respondents : No Appearance

ORDER

Learned counsel appearing for the petitioner would submit the matter was posted before the learned Master for recording evidence. Since the petitioner failed to appear before the learned Master, the matter has been listed before this Court. Further, the learned counsel would submit that he could not contact the petitioner and the petitioner is not co-operating to proceed with the matter.

2.In view of the above submissions, this Court feels that the petitioner is not interested in prosecuting the case. Hence, the present petition is dismissed for non-prosecution.

rst 30.01.2023

KRISHNAN RAMASAMY, J.

rst 30.01.2023