R.Bhagavathi Sundarambal v. The Official Assignee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(IN INSOLVENCY) MONDAY, THE 14th DAY OF OCTOBER 2019 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA APPLN.111 OF 2019 in I.P. No.118 of 2002 In the matter of Presidency Town Insolvency Act, III of 1909 in the matter of R. Baghavathi Sundarambal ...Debtor IP No. 118 of 2002 R. Baghavathi Sundarmbal W/o. S. Ramu Achari residing at Old No.11, New NO.5, Siraj Street, Ayyavou Colony, Aminjikarai, Chennai - 600 029. ... Petitioner / Debtor APPLN.NO.111 OF 2019 R. Baghavathi Sundarmbal ... Applicant-Debtor/ Insolvent -VSThe Official Assignee High Court, Madras, rep.
The estate of Bhagavathi Sundarambal in IP.No.118/2002 Representing the body of Creditors ... Respondent Application praying that this Hon'ble Court be pleased to condone the delay of 5655 days in filing the discharge petition in insolvency proceedings in I.P.No.118 of 2002.
The above application coming on this day before this court for hearing in the presence of Mr.S.Silambanan, Senior Counsel for M/s.M.S.Paandiyan, advocate for the Applicant-
Debtor/Insolvent, the Official Assignee, the respondent herein; and the judges Summon and Affidavit of R.Bhagavathi Sundarambal filed herein and THE COURT MADE THE FOLLOWING ORDER :
This application is filed by the applicant/Insolvent seeking to condone the delay of 5655 days in filing the discharge petition in I.P.No.118 of 2002.
2. The debtor was adjudicated as an insolvent on 11.07.2002. The only reason given in the affidavit is that the husband of the insolvent died and her son was murdered and due to these events, she could not file the discharge petition in time.
3.The learned Official Assignee opposed to allow this application, as no sufficient particulars are given in the affidavit.
4. Considering the plight of the widow, who is the Insolvent, this Court is inclined to allow this application.
5. Accordingly, the delay is condoned on condition that the applicant/Insolvent shall pay costs of Rs.10,000/- (Rupees ten thousand only) to the Indian Red Cross Society,Tamil Nadu Branch, Old No.50, New No.32, Red Cross
Road, Egmore, Chennai-600 008 within a period of four weeks from the date of receipt of the order, failing which, the application shall stand dismissed automatically without further reference to this Court.
6. This application is allowed accordingly. WITNESS, THE HON'BLE DR.JUSTICE VINEET KOTHARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 14TH DAY OF OCTOBER 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- 21.10.2019 HIGH COURT, MADRAS APPLN.NO.111 OF 2019 in I.P. No.118 of 2002 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA ORDER DATED: 14.10.2019 FOR APPROVAL: 22/10/2019 APPROVED ON : 22/10/2019 COPY TO:- 1.THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.
2.The Indian Red Cross Society, Tamil Nadu Branch, Old No.50, New No.32, Red Cross Road, Egmore, Chennai-600 008