Madras High CourtAPPLN/114/2019delay condoned

S.Haja Mohideen v. The Official Assignee

2019-09-23Honourable Mrs Justice Pushpa Sathyanarayana3 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) MONDAY, THE 23RD DAY OF SEPTEMBER 2019 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA APPLN. No.114 of 2019 IN I.P. No.49 of 2010 In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of M.S. Jahubar Sadiq ... Petitioner / Debtor IP.NO.49 OF 2010 M.S. Jahubar Sadiq Door No. 64, Old NO. 44, Lebbai Street, Pudupet, Chennai - 600 002.

... Petitioner / Debtor APPLN.NO.114 OF 2019 S.Haja Mohideen, Plot No.4/631, JJ Nagar East, Mogappair, Chennai 600 037 ... Applicant .. vs ..

The Official Assignee, High Court, Madras.

... Respondent Application No.114 of 2019 praying that this Hon'ble Court be pleased to condone the delay of 454 days in filing application to set aside the order dated 26.02.2018 made in the IP.No.49 of 2010.

The above applications coming on this day before this Court for hearing in the presence of Mr.Jayesh B.Dolia, advocate for M/s.Aiyar & Dolia, advocates for the applicant herein; and the Official Assignee, the

/ 2 / respondent herein; and the Judges Summon and Affidavit of S.Haja Mohideen filed herein;

THE COURT MADE THE FOLLOWING ORDER :

This application is filed seeking to condone the delay of 454 days in filing the application to set aside the order dated 26.02.2018 made in the above I.P.

2. Heard the learned counsel for the applicant and the learned Official Assignee.

3. Having regard to the submissions made by the learned counsel for the applicant and on being satisfied with the reasons stated in the affidavit filed in support of the application, the delay stands condoned and the application is allowed on payment of costs of Rs.2,000/- (Rupees Two thousand only) payable to the Official Assignee, High Court, Madras within a period of two weeks from the date of receipt of the order, failing which this application shall stand dismissed automatically without any reference to this Court.

WITNESS, THE HON'BLE DR.JUSTICE VINEET KOTHARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 23RD DAY OF SEPTEMBER 2019.

SD/- ASSISTANT REGISTRAR(OS-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.

/ 3 / cns.26.09.2019 HIGH COURT, MADRAS APPLN. No.114 of 2019 IN I.P.NO.49 of 2010 THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA ORDER DATED: 23.09.2019 FOR APPROVAL: 26/09/2019 APPROVED ON : 27/09/2019 COPY TO:- THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.