C.Chiranjeev, Huf v. Mohamed Ibrahim

C.SARAVANAN, J.

Notice on the respondent has been served. The name of the respondent is also printed in the cause list. Despite the same, there is no representation on behalf of the respondent.

2. This petition has been filed to adjudicate the respondent/ debtor as an insolvent under Sections 9, 10, 11, 12 and 13 of the Presidency Towns Insolvency Act, III of 1909 and Order III-A of the Insolvency Rules, 1958.

3. The petitioner has filed a suit against the respondent in O.S.No.6628 of 2018 before the City Civil Court, Chennai. The suit was decreed on 18.03.2019. Since the respondent has failed to pay the amount as decreed by the Court in O.S.No.6628 of 2013 on 18.03.2019, the petitioner filed Insolvency Petition in I.A.No.24 of 2013.

4. Notice was ordered on the respondent/debtor which has been served and acknowledged by the respondent on 27.09.2023. The respondent has not come forward to enter appearance either in person or through 1/3

Counsel.

5. The amount decreed by the City Civil Court in O.S.No.6628 of 2018 is Rs.13,23,000/-. As per the insolvency notice, the amount due from the respondent is Rs.15,02,030/- and the same amounts to Rs.15,14,605/- as on date together with interest. The said amount is a liquidated sum payable by the respondent/debtor to the petitioning creditor. The respondent has committee act of insolvency.

6. Therefore, this is a fit case for adjudicating the respondent/debtor as an insolvent. Therefore, the respondent is declared as an insolvent.

7. The Official Assignee is directed to take charge of the estate of the respondent.

19.01.2024 jas C.SARAVANAN, J.

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