S.Sankaranarayanan Alias S.Sankar v. The Official Assignee

A.(IP).Nos.63 and 64 of 2024 in I.P.No.55 of 2023 C.SARAVANAN, J.

These applications have been filed to set aside the exparte order dated 17.08.2016 passed by this Court in the above I.P.No.55 of 2023 annulling the order of adjudication dated 20.03.2003. The applicant had declared that there were about 5 unsecured creditors and the applicant owed a sum of Rs.5,60,750/-. Annulling the order of adjudication on 17.08.2016 appears to be on account of the fact that the applicant had not filed discharge petition under Section 41 of the Presidency Towns Insolvency Act, 1909.

2. Report of the Official Assignee dated 12.03.2024 also confirms the same. Paragraph Nos.11, 12, 12 of the report reads as under:- "11.It is submitted that in this estate 2 claims have been received for a total sum of Rs.5,90,976/-, out of which one claim filed by the Chief Manager, IOC, in Claim No.299/2003 for a sum of Rs.3,68,976/- was closed by order dated 27.06.2019 of the then Official Assignee and another claim filed by Thiru.G.Viswanathan in Claim No.316/2003

for a sum of Rs.2,22,000/- was admitted by the Official Assignee for a sum of Rs.5,750/- by order dated 13.09.2021. The insolvent had remitted the above said admitted amount of Rs.5,750/- to the office of the Official Assignee vide Receipt No.14057 on 06.09.2021. He also remitted a sum of Rs.403/- being 7% Government Commission for liability amount of Rs.5,750/- vide Receipt No.14215 dated 07.01.2022. When the claim enquiry notice to the claimant Thiru.Viswanathan was to be served by a staff of the Official Assignee the door was found locked and it came to light that the house was sold and the claimant was not residing therein. Therefore, the notice was returned unserved. Hence, the above said admitted amount of Rs.5,750/- could not be disbursed to the claimant Thiru.Viswanathan as his whereabouts are not known.

12.It is submitted that apart from the aforesaid two claims, no other claim has been received in this estate. 13.In the above circumstances, a total sum of Rs.10,820/- is available in this estate, out of which a sum of Rs.5,750/- may be reserved for paying the admitted claim amount to the claimant G.Viswanathan and the sum of Rs.5,070/- may be reserved for future expenses."

3. In view of the above, I am inclined to allow these applications. Accordingly, the exparte order dated 17.08.2016, annulling the order of adjudication based on the report of the Official Assignee for the default of the Applicant.

4. Consequently, these applications stand allowed. In view of the above, I.P.No.55 of 2023 is restored to file of this Court. 22.03.2024 jas C.SARAVANAN, J.

jas A.(IP).Nos.63 and 64 of 2024 in I.P.No.55 of 2023 22.03.2024