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Madras High CourtCOMP.A/211/2025allowed

N.Gunasekaran (Deceased) v. The Official Liquidator

2025-08-22Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY Comp.A.Nos.211 to 216 of 2025 in Comp.A.Nos.606 & 607 of 2023 in C.P.No.57 of 1998 Comp.A.Nos.211 to 216 of 2025 N.Gunasekaran (deceased) S/o.Natarajan

1. Parimala, W/o. Late N.Gunasekaran

2. G.Rajalingam, S/o. Late N.Gunasekaran 679, Periyar Nagar, Pudukottai Taluk and District, Pudukottai-622 003.

.. Applicants vs.

1. The Official Liquidator, High Court of Madras As provisional Liquidator of Maxworth Orchards (India) Limited, (In provisional liquidation) Corporate Bhavan, 2nd Floor, 29 Rajaji Salai, Chennai-600 001.

2. Mrs. Nagasaila Suresh, Administrator Maxworth Orchards (India) Limited (in provisional Liquidation) New No.14/1(old No.38/1,Akbarabad 2nd Street, Kodambakkam,Chennai-600024.

.. Respondents 1/4

Prayer in Comp.A.Nos.211 & 213 of 2025: Applications are filed to condone the delay of 552 days in filing the application to set aside the abatement caused due to the death of Sole Applicant (N.Gunasekaran) in Comp.A.Nos.607 & 606 of 2023.

Prayer in Comp.A.Nos.212 & 214 of 2025: Applications are filed to set aside the abatement caused consequent to the death of the Applicant (N.- Gunasekaran) in Comp.A.Nos.607 & 606 of 2023. Prayer in Comp.A.Nos.215 & 216 of 2025: Applications are filed to bring on record the legal heirs (Parimala and G.Ramalingam) of the deceased (N.Gunsekaran) as applicants 2 and 3 in Comp.A.Nos.606 & 607 of 2023, respectively.

In all applications:

For Applicants : Mr.S.Satish For R1 : Ms.B.Ambili, Deputy Official Liquidator For R2 : Mrs.Nagasaila Suresh, Administrator COMMON ORDER Mr.N.Gunasekaran had filed Comp.A.Nos.606 & 607 of 2023 seeking to stay the auction pursuant to sale notice dated 27.11.2023 and to delete the properties described in the Judge's summons of Comp.A.No.607 of 2023 from the auction.

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2. These applications are filed upon the death of the said N.Gunasekaran. As legal representatives, Parimala and Rajalingam, his wife and son, respectively, have applied to condone the delay in filing the applications to set aside the abatement, to set aside the abatement and to bring on record the above mentioned legal representatives as the 2nd & 3rd applicants in the respective applications.

3. The applicants have filed both the death certificate and legal heirship certificates relating to N.Gunasekaran. The death certificate records that he died on 09.02.2024 and the legal heirship certificate records the names of Parimala and Rajalingam as the only surviving legal heirs. In view thereof, these applications are liable to be and are allowed as prayed for. Consequently, the impleaded applicants shall carry out the amendments in Comp.A.Nos.606 & 607 of 2023 on or before 05.09.2025 and serve a copy of the amended applications on the other parties within a week therefrom.

22.08.2025 (1/2) kj 3/4

SENTHILKUMAR RAMAMOORTHY,J.

kj Comp.A.Nos.211 to 216 of 2025 in Comp.A.Nos.606 & 607 of 2023 in C.P.No.57 of 1998 22.08.2025 (1/2) 4/4