Dr. K. Senthilnathan v. Amrita J. Naranj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE and C.M.P.Nos.5099 and 5246 of 2017 K.Senthilnathan ... Petitioner in both C.R.Ps.

Vs.

Amrita J.Naranj ... Respondent in C.R.P.(NPD).No.1057 of 2017 Chandrakala ... Respondent in C.R.P.(NPD).No.1097 of 2017 PRAYER in C.R.P.(NPD).No.

: Petition filed under Article 227 of the Constitution of India, seeking to set aside the fair and decreetal order made in I.A.No.18412 of 2012 in O.S.No.4964 of 2012 dated 21.02.2014 by the XIV Assistant Judge City Civil Court, Chennai. PRAYER in C.R.P.(NPD).No.1097of 2017 : Petition filed under Article 227 of the Constitution of India, seeking to set aside the fair and decreetal order made in I.A.No.18270 of 2012 in O.S.No.5054 of 2012 dated 08.07.2013 by the XIV Assistant Judge City Civil Court, Chennai. 1/4

For Petitioner : Mr.S.Pugaleanthi in both C.R.P's For Respondent : Mr.T.Skandha Kumar in both C.R.P's COMMON ORDER The revision petitioner is a debtor against whom the respondents herein have laid two suits in O.S.No.4964 of 2012 and O.S.No.5054 of 2012, for recovery of money. Seeking leave to defend the suits, the revision petitioner has taken out I.A.No.18412 of 2012 in O.S.No.4964 of 2012 and I.A.No.18270 of 2012 in O.S.No.5054 of 2012. Vide orders dated 21.02.2014 and 08.07.2013, both of them are came to be dismissed. Challenging which the these revisions are preferred. 2.This Court is informed that the revision petitioner / Debtor faces more than 100 litigations for recovery of money from multiple creditors, and has since been adjudicated as an insolvent in I.P.No.39 of 2013, filed by one of the creditors vide order of this Court dated 11.11.2013. It was an exparte order, challenging which an application was filed by the revision petitioner in A.No.19 of 2016, for setting aside the exparte order of adjudication as an 2/4

insolvent. That came to be dismissed by this Court on 22.10.2018. This Court is further informed that this order is now under challenge in O.S.A.No.210 of 2019.

3.Inasmuch as the revision petitioner has been adjudicated as an insolvent, until the order adjudicating him as an insolvent is annulled, all suits involving the insolvent is liable to be stayed under Section 18 of Presidency Towns Insolvency Act, 1909, to take cognizance of what is pending in the civil suit for recovery of money.

4.Therefore, these Civil Revision Petitions are closed. However, the revision petitioner is at liberty to revive these C.R.Ps as and when the order of adjudicating the revision petitioner as an insolvent is annulled. No Costs. Consequently, the connected miscellaneous petitions are closed. 17.04.2023 Anu Index : yes / no Internet : yes / no Speaking / Non Speaking order 3/4

To.

The XIV Assistant Judge City Civil Court, Chennai and C.M.P.Nos.5099 and 5246 of 2017 4/4