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Madras High CourtAPPLN/147/2023disposed of

The Official Assignee v. S.B.Somasekar(Deceased Insolvent) D.Prahlad(Deceased) P.Baby Prahlad Soluke

2023-07-10Honourable Mr Justice Abdul Quddhose3 pages

Application (I.P.) Nos.147 and 148 of 2023 and Appln.(IP) No.8 of 2023 in I.P. No.115 of 2001 ABDUL QUDDHOSE, J.

Application No.147 of 2023 has been filed to permit the Official Assignee to disburse a sum of Rs.7,43,565/- to the only claimant Mrs.Madhu Varma, which was remitted by the legal heirs of the deceased insolvent.

Application No.148 of 2023 has been filed to pass an order to annul the order of adjudication dated 19.07.2010, adjudicating the debtor S.B.Somasekar as insolvent in I.P. No.115 of 2001. 2.The learned Official Assignee has filed a report dated 06.07.2023. As seen from the said report, the legal heirs of the deceased insolvent have settled the claims of the petitioning creditors. 3.Learned counsel appearing for the petitioning creditors as well as the learned Official Assignee submit that the entire dues of the insolvent have been fully settled.

4.Since the Official Assignee has confirmed the fact that the entire dues payable to the petitioning creditors have been fully settled as seen from his report dated 06.07.2023 and the learned counsel for the petitioning creditors as well as the learned counsel for the legal heirs of the insolvent

ABDUL QUDDHOSE, J.

vga would also accept the same, the order of adjudication passed against the insolvent, namely, S.B.Somasekar has to be annulled and the administration of his estate will have to be closed.

5.Since the adjudication of insolvency against the insolvent namely, S.B.Somasekar deceased has been annulled, the Official Assignee is permitted to disburse a sum of Rs.7,43,565/- as prayed for in A.No.147 of 2023 to the only claimant Mrs.Madhu Varma, if he satisfied that Mrs.Madhu Varma is entitled to receive the said debt from the document produced by her before the Official Assignee. After disbursement of the money of Mrs.Madhu Varma, the Official Assignee shall file a report before the Registry of this Court, which shall be kept as a Court record in these applications.

6.For the foregoing reasons, A.No.147 of 2023 in I.P. No.115 of 2001 is allowed as prayed for and A. No.148 of 2023 in I.P. No.115 of 2001 is disposed of as per the aforementioned direction. Consequently, A.No.8 of 2023 filed by the legal representatives of the deceased insolvent is closed. 10.07.2023 vga

Application (I.P.) Nos.147 and 148 of 2023 in I.P. No.115 of 2001