R.Nagalakshmi.M/O R.Ramakrishnan v. Official Assignee
Application (IP) No. 327 of 2024 IN I.P.No. 25 of 2014 DR.G.JAYACHANDRAN, J.
and C.V.KARTHIKEYAN, J.
This Application has been filed under Sections 7 and 86 of Presidency Town Insolvency Act, 1909 to set aside the order dated 17.04.2024 passed by the Official Assignee rejecting claim petition No.71 of 2015 in I.P.No. 25 of 2014.
2. In the affidavit filed in support of the Claim Petition, it had been contended that the applicant had filed Claim Petition No. 71 of 2015 for a total sum of Rs.5,00,000/- on the basis of the promissory notes. It had been stated that the claim has been rejected since the did not co-operate during the enquiry by producing required document for proof. The Official Assignee had therefore rejected the Claim Petition by an order dated 17.04.2024. 1/3
3. We heard the learned counsel for the petitioner.
4. We have perused the materials available on record.
5. It would only appropriate that the applicant is granted an opportunity to substantiate the claim before the Official Assignee. We would therefore without entering into any further discussion on merits, set aside the order of the Official Assignee and remit the matter back to the Official Assignee to dispose the Claim Petition in manner known to law.
6. The Applicant is directed to co-operate during the enquiry before the Official Assignee.
7. This Application stands allowed.
(DR.G.J.J.,) & (C.V.K.J.,) .04.2025 vsg 2/3
DR.G.JAYACHANDRAN, J.
and C.V.KARTHIKEYAN, J.
vsg Pre-Delivery Order made in Application (IP) No. 327 of 2024 IN I.P.No. 25 of 2014 .04.2025 3/3