The Official Liquidator v. R.Devi

in C.P.No.279 of 2016 Krishnan Ramasamy, J., This application is filed seeking the following prayers: "i) To take this report on record ii) To permit the Official Liquidator to execute necessary discharge receipt in respect of mortgage deed No.7277 of 2015 dated 27.07.2015 iii) To permit the Official Liquidator to return the original documents viz., Simple Mortgage deed, Sale deed No.5959/2014, General Power of Attorney Document No.3283/2014, Sale deed document No.2421/2014 and patta No.988 to the respondent.

2. Ms.B.Ambili, Deputy Official Liquidator submitted that this Court vide order dated 18.10.2016 made in Company Petition No.279/2016, appointed the Official Liquidator attached to this Court as the Provisional Liquidator of M/s.KRM Kumaragam Chits Private Limited with directions to take charge of all the properties and effects of the company in liquidation.

3. That in order to realize the debt due amount of Rs.5,00,000/- along with compound interest @ 24% p.a. from the respondent, the Official 1/3

Liquidator has filed Company Application No.85/2022 in C.P.No.279/2016. While considering the said application on 21.08.2023, this Court has closed the said application while recording the report of the Official Liquidator dated 21.08.2023.

4. Under these circumstances, the respondent in C.A.No.85/2022 by letter dated 12.03.2024 and 19.03.2024 requested the Official Liquidator to cancel the mortgage deed No.7277 of 2005 and also requested the Official Liquidator to return the original Documents.

5. Considering the submissions made by the Deputy Official Liquidator and on perusal of the report filed by the Official Liquidator dated 09.07.2024, in support of this application, this Court is inclined to allow this application.

6.

Accordingly, this Company Application is allowed. 19.07.2024 jd 2/3

Krishnan Ramasamy, J., jd in C.P.No.279 of 2016 19.07.2024 3/3