Tamil Nadu Generation And Distribution Corporation Ltd., v. Uphar Cable Industries
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:08.01.2025 Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Application(IP)Nos.377 & 378 of 2024 A.No.377 of 2024:
Mukesh Kumar Jain HUF Now currently residing at:
No.3, Gengu Reddy Road, Chennai 600 008.
.. Applicant/2nd respondent/Debtor /versus/ The Official Assignee, High Court, Madras.
..1st Respondent/Applicant Arjunlal Sunderdas (died) 23, Anderson Road, Nungambakkam, Chennai 600 006.
.. Deceased Insolvent A.No.378 of 2024:
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Mukesh Kumar Jain HUF Now currently residing at:
No.3, Gengu Reddy Road, Chennai 600 008.
.. Applicant/2nd respondent/Debtor /versus/ The Official Assignee, High Court, Madras.
..1st Respondent/Applicant Arjunlal Sunderdas (died) 23, Anderson Road, Nungambakkam, Chennai 600 006.
.. Deceased Insolvent Prayer in A.No.377 of 2024:
Application has been filed under Order II, Rule 1 of the Insolvency Rules 1956 read with Sections 7 of PTI Act, 1909, praying to permit the applicant to reopen the respondent side witness. Prayer in A.No.378 of 2024:
Application has been filed under Order II, Rule 1 of the Insolvency Rules 1956 read with Sections 7 of PTI Act, 1909, praying to permit the applicant to recall the respondent side witness. Both applications:
For Applicant :Mr.S.Ananda Kumar For Respondent :MrK.V.Ananthakrushnan for the Official Assignee ----- COMMON ORDER 2/5
The applicant herein/the second respondent against whom the application for a sum of Rs.15,00,000/- with interest is pending for the past eight years. This Court on 19.09.2024 referred the matter to the Master for recording evidence. In spite of several opportunities, there was no progress except for the examination of the applicant/1st respondent herein. After filing the proof affidavit on 05.10.2023, the applicant is dragging the matter without subjecting himself to cross examination and hence, the Master has closed the evidence and post the matter before this Court for further proceedings. At this juncture, the present applications are filed to reopen and recall the respondent side witness.
2.
The reasons stated in the affidavits accompanying the applications is very general in nature without any supportive documents. Although the applicant claims that due to health condition and surgery, he was not able to attend the Court, the adjudication of the Master clearly shows that there was a total non-cooperation on the part of the respondent/applicant in completing the examination of the witness. Hence, 3/5
this Court finds no merit in these applications. Therefore, these Applications stand dismissed.
(Dr.G.J.J.) (C.V.K.J.) 08.01.2025 Dr.G.JAYACHANDRAN,J.
and C.V.KARTHIKEYAN,J.
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ari 08.01.2025 5/5