The Official Liquidator v. Nil

Comp. A.No.485 of 2023 in C.P.No.233 of 1999 ABDUL QUDDHOSE.J., This Company Application has been filed by the learned Official Liquidator, seeking for certain directions. A report has also been filed by the learned Official Liquidator dated 25.08.2023 with regard to the same. One of the legal heirs of the debtor by name Siraj Ajmalkhan paid the debt of his mother, Smt.Enayatha Begum, amounting to Rs.4,53,533.35, which includes interest, to the learned Official Liquidator towards full and final settlement of the mortgage dues, which was payable by Smt.Enayatha Begum to M/s.R.P.S. Benefit Fund Limited, the Company under liquidation. The said amount was paid on 27.03.2023, which is confirmed by the learned Official Liquidator in her report dated 25.08.2023.

2. The legal heir of the debtor (Siraj Ajmalkhan) has requested the learned Official Liquidator to cancel the mortgage executed by his mother Smt.Enayatha Begum. As seen from the report of the learned Official Liquidator, she has received the following documents from Siraj Ajmalkhan on 07.07.2023 with a request for cancellation of mortgage deed: 1/4

a) Death Certificate of the Smt.Enayatha Begum; b) Legal Heirship Certificate of the deceased debtor; c) NOC from other legal heirs;

3. The learned Official Liquidator, after examining the aforesaid documents, in her report dated 25.08.2023, which has been placed on record before this Court, seeks for the following directions: a) To take this report on record;

b) To permit the Official Liquidator to execute Receipt Deed in favour of Siraj Ajmalkhan as per the No Objection of other legal heirs; c) To permit the Official Liquidator to handover the certified copy of Documents received from SRO in the place of original documents as the same were weeded out by Principal District Court, Coimbatore; d) To direct the cost of this application do come out of funds of the company in liquidation.

4. Since the debt of Smt.Enayatha Begum has been fully settled, the directions sought for by the learned Official Liquidator has to be granted by this Court. Accordingly, this application filed by the learned Official 2/4

Liquidator is allowed as prayed for and the directions sought for by the learned Official Liquidator in the application are granted by this Court. 11.09.2023 ab 3/4

ABDUL QUDDHOSE.J., ab Comp. A.No.485 of 2023 in C.P.No.233 of 1999 11.09.2023 4/4