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Madras High CourtAPPLN/63/2021allowed

Dr.R.Ashokan v. The Official Assignee

2021-07-19Honourable Mr Justice R. Subramanian8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) MONDAY, THE 9TH DAY OF AUGUST 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN APPLN. No.63 of 2021 IP. No.69 of 1999 In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Dr.R.Ashokan Proprietor of Arunraj Company.

... Debtor IP No.69 of 1999 Dr.R.Ashokan S/o.M.A.Rajamani, Proprietor of Arun Raj Company, No.6, South Street, West C.I.T. Nagar Nandanam, Chennai-35.

... Petitioner/Debtor Appln. No.63 of 2021 Dr.R.Ashokan S/o. Mr. A. Rajamani Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai - 600 109.

... Applicant/Debtor -VersusThe Official Assignee, High Court, Madras.

... Respondent/Respondent

Application praying that this Hon'ble Court be pleased to grant unconditional discharge to the applicant.

Upon the application of Dr.R.Ashokan S/o. Mr. A. Rajamani, Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai - 600 109, adjudged as insolvent on 8th day of July 1999 and upon taking into consideration the report of the Official Assignee as to the Insolvent conduct and affairs and upon hearing Mr.J.Balagopal, Advocate for the Petitioner/Debtor in I.P.No.69 of 1999 and for the Applicant in Appln.No.63 of 2021 herein; and the Official Assignee, the respondent in Appln.No.63 of 2021 herein; and upon reading the Petition filed in IP.No.69 of 1999 and Judges Summon and Affidavit of Dr.R.Ashokan filed in Appln.No.63 of 2021.

it is ordered as follows:-

1) That the public examination of the insolvent be and is hereby dispensed with.

2) That the said Dr.R.Ashokan, the insolvent herein be and is hereby discharged from all debts provable in Insolvency except such as are mentioned in sub-section (1) of section 45 of the Act aforesaid. WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 9TH DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR Original Side-I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2021. MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KG 18/08/2021 HIGH COURT, MADRAS APPLN.NO.63 OF 2021 I.P. No.69 of 1999 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN DECREE DATED: 09/08/2021 FOR APPROVAL: 24/08/2021 APPROVED ON : 25/08/2021 COPY TO:- THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) MONDAY, THE 9TH DAY OF AUGUST 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN APPLN. No.63 of 2021 IP. No.69 of 1999 In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Dr.R.Ashokan Proprietor of Arunraj Company.

... Debtor IP No.69 of 1999 Dr.R.Ashokan S/o.M.A.Rajamani, Proprietor of Arun Raj Company, No.6, South Street, West C.I.T. Nagar Nandanam, Chennai-35.

... Petitioner/Debtor Appln. No.63 of 2021 Dr.R.Ashokan S/o. Mr. A. Rajamani Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai - 600 109.

... Applicant/Debtor -VersusThe Official Assignee, High Court, Madras.

... Respondent/Respondent

Application praying that this Hon'ble Court be pleased to grant unconditional discharge to the applicant.

Upon the application of Dr.R.Ashokan S/o. Mr. A. Rajamani, Proprietor of Arun Raj Company No.1, 2nd Street, 2nd Cross Street, Vaishnavi Nagar, Thirumullaivoyal, Chennai - 600 109, adjudged as insolvent on 8th day of July 1999 and upon taking into consideration the report of the Official Assignee as to the Insolvent conduct and affairs and upon hearing Mr.J.Balagopal, Advocate for the Petitioner/Debtor in I.P.No.69 of 1999 and for the Applicant in Appln.No.63 of 2021 herein; and the Official Assignee, the respondent in Appln.No.63 of 2021 herein; and upon reading the Petition filed in IP.No.69 of 1999 and Judges Summon and Affidavit of Dr.R.Ashokan filed in Appln.No.63 of 2021.

the court made the following order:

It is not in dispute that the insolvent has settled all the debts and there is no claim pending before the Official Assignee. In view of the same, the public examination of the insolvent is dispensed with and the debtor stands discharged from the insolvency. WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 9TH DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR Original Side-I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2021. MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KG 18/08/2021 HIGH COURT, MADRAS APPLN.NO.63 OF 2021 I.P. No.69 of 1999 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN ORDER DATED: 09/08/2021 FOR APPROVAL: 24/08/2021 APPROVED ON : 25/08/2021 COPY TO:- THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.