Madras High CourtAPPLN/91/2017allowed

Official Assignee v. S.Arjunlal Sunderdas

2019-04-26Honourable Dr Justice G. Jayachandran,Honourable Mr Justice C.V. Karthikeyan9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) FRIDAY, THE 26TH DAY OF APRIL 2019 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN APPLN.NO.91 OF 2017 IN I.P. No.25 of 2014 In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Arjunlal Sunderdas ...Debtor I.P.NO.25 OF 2014 Smt.Chitra Desai Residing at 3A-302, Oakland Park, Yamuna Nagar, Lokhandwala Complex, Andheri (West), Mumbai.

... Petitioning Creditor -VSMr.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... Respondent / Debtor APPLN.NO.91 OF 2017 The Official Assignee, High Court, Madras ... Applicant -VS1.S.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... 1st Respondent / Insolvent 2.Lakshman Vummidi, First Floor, Aruthra Apartments, No.18, Habibullah Road, T.Nagar, Chennai 600 017.

... 2nd Respondent

Application praying that this Hon'ble Court be pleased to direct the 2nd respondent to pay a sum of Rs.25,00,000/- with interest at 18% p.a. From 23.12.2013 till date of realization with cost of the recovery proceedings.

This above application coming on this day before this court for hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the Official Assignee of this Court, the applicant herein; the 2nd respondent herein not appearing in person or by advocate and the 2nd respondent having been set ex-parte; and upon reading the Judges Summon and Report of the Official Assignee filed herein and upon perusing the evidence adduced herein and the exhibits marked thereon; and this Court having observed that the Official Assignee had stated that the second respondent had received a sum of Rs.25,00,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 22.02.2013 and it was also stated that this amount was reflected in the accounts and there has been no subsequent transaction to prove discharge and IT IS ORDERED :- That the 2nd respondent be and is hereby directed to pay a sum of Rs.25,00,000/- with interest at 18% p.a. From

23.12.2013 till date of realization with cost of the recovery proceedings.

WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 26TH DAY OF APRIL 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.

cns-29.04.2019 HIGH COURT, MADRAS APPLN. No.91 OF 2017 IN I.P.NO.25 of 2014 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN DECREE DATED: 26.04.2019 FOR APPROVAL: 29/04/2019 APPROVED ON : 29/04/2019 COPY TO:- The Official Assignee, High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

... Petitioning Creditor -VSMr.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... Respondent / Debtor APPLN.NO.91 OF 2017 The Official Assignee, High Court, Madras ... Applicant -VS1.S.Arjunlal Sunderdas 23, Anderson Road, Nungambakkam, Chennai-600 006.

... 1st Respondent / Insolvent 2.Lakshman Vummidi, First Floor, Aruthra Apartments, No.18, Habibullah Road, T.Nagar,

Chennai 600 017.

... 2nd Respondent Application praying that this Hon'ble Court be pleased to direct the 2nd respondent to pay a sum of Rs.25,00,000/- with interest at 18% p.a. From 23.12.2013 till date of realization with cost of the recovery proceedings.

This above application coming on this day before this court for hearing in the presence of Mr.K.V.Ananthakrushnan, advocate for the Official Assignee of this Court, the applicant herein; the 2nd respondent herein not appearing in person or by advocate and the 2nd respondent having been set ex-parte; and upon reading the Judges Summon and Report of the Official Assignee filed herein and upon perusing the evidence adduced herein and the exhibits marked thereon; and THE COURT MADE THE FOLLOWING ORDER :- This application had been filed by the Official Assignee seeking a Judgment and Decree against the second respondent, Lakshman Vummidi, First Floor, Aruthra Apartments, No.18, Habibullah Road, T.Nagar, Chennai - 600 017, to pay a sum of Rs.25,00,000/- with interest at 18% p.a., from 23.12.2013 till date of realisation with cost of the recovery proceedings.

2. The Official Assignee had stated the second respondent had received a sum of Rs. 25,00,000/- from the first respondent/insolvent Arjunlal Sunderdas, which was shown as due and outstanding as on 22.02.2013. It was also stated that this amount was reflected in the accounts. There has been no subsequent transaction to prove discharge. The Official Assignee had issued notice dated 03.05.2018 calling upon the second respondent to pay the amount.

3. Notice was directed to the second respondent in this application. Notice had been returned as unserved. There was no representation on behalf of the second respondent and therefore, the second respondent was set exparte. Thereafter, the applicant was directed to take evidence.

4. Accordingly, R.Parameswari (P.W.1 ) filed proof affidavit on behalf of the Official Assignee reiterating the averments made by the Official Assignee in support of the application and filed Exs. A-1 to A-4. Ex.A-1 was the true copy of the relevant pages from Auditor Ranga Ramanujam's Report dated 01.04.2013; Ex.A-2 is the true copy of Relevant page in Auditor Annamalai Associates' Report; Ex.A-3 is the true copies of Relevant entries in Schedule of Affairs (No.39) dated 24.05.2014; and Ex.A-4 is the true copy of Bank Statement from 01.01.2013 to 01.07.2013.

5. In view of the above evidence, this Application is allowed and the decree is passed accordingly against the second respondent as prayed for.

WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 26TH DAY OF APRIL 2019.

cns-29.04.2019 HIGH COURT, MADRAS APPLN. No.91 OF 2017 IN I.P.NO.25 of 2014 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN ORDER DATED: 26.04.2019 FOR APPROVAL: 29/04/2019 APPROVED ON : 29/04/2019 COPY TO:- The Official Assignee, High Court, Madras.