The Official Assignee v. S.Beaulah

Appln.No.210 of 2022 in I.P.No.25 of 2021 SENTHILKUMAR RAMAMOORTHY, J ., By this application, learned Official Assignee seeks issuance of a warrant addressed to the Commissioner of Police, Vepery, Chennai-600 007, for the arrest of the insolvent.

2. In support of this application, a report dated 16.11.2022 has been filed. Learned Official Assignee states that the respondent herein was adjudicated as insolvent on a debtors petition by an order dated 28.10.2021.

3. Thereafter, the insolvent failed to file the schedule of affairs. Learned Official Assignee also states that the insolvent failed to cooperate with the Official Assignee.

4. When the matter was listed before this Court on 07.11.2022, learned Official Assignee was directed to inform learned counsel for the insolvent about the next date of hearing. In paragraph No.12 of the affidavit, it is stated that a letter dated 09.11.2022 was sent to the counsel for the insolvent. In spite of the said letter, there was no representation for the insolvent at the hearing on Page No.1/4

14.11.2022. In those circumstances, learned Official Assignee was permitted to file the present application.

5. This application was listed for hearing on 21.11.2022. Once again, since learned counsel is on record for the insolvent and did not appear at the hearing, learned Official Assignee was directed to serve notice on learned counsel. The Official Assignee has filed an affidavit enclosing the acknowledgment card as proof of service of notice. However, there is no representation for the insolvent today.

6. In these circumstance, this application is allowed by directing that a warrant be issued to the Commissioner of Police, Vepery, Chennai 600 007, to cause the arrest and production of the insolvent through the jurisdictional police officer. List on 12.12.2022.

7. The Registry is directed to mark a copy of the order to the learned Public Prosecutor.

28.11.2022 nsa Page No.2/4

To 1.The Commissioner of Police, Vepery, Chennai 600 007.

2.The Public Prosecutor, High Court, Madras.

Page No.3/4

SENTHILKUMAR RAMAMOORTHY, J ., nsa Appln.No.210 of 2022 in I.P.No.25 of 2021 28.11.2022 Page No.4/4