G.Durga Prasad,No.W-284, Second Floor,16th Street,C.Sector,Anna Nagar West Extension,Chennai-600010 v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2023

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY and A.(IP).No.13 of 2020 G.Durga Prasad, Proprietor of Om Shanmuga Durga Enterprises Residing at W-284, Second Floor, 16th Street, C-Sector, Anna Nagar West Extension, Chennai - 600 101.

... Petitioner/Debtor PRAYER : Original Petition is filed under Sections 9(1) f, 10, 11, 14 & 15 of the P.T.I. Act, 1909 and Order III Rule 1 of the Insolvency Rules, 1958, praying (i) to adjudicate the petitioner as insolvent; (ii) to direct that the estate to be administered by the Official Assignee, Madras in regular manner.

For Petitioner : No appearance

O R D E R

When the matter came up for hearing on 19.12.2022, there was no representation for the petitioner. Therefore, the Registry is directed to list the case under the caption "For Dismissal" on 02.01.2023. Accordingly, the matter is listed today. Today (on 02.01.2023) also none appeared on behalf of the petitioner, which shows that the petitioner is not inclined to proceed with the matter.

2.Further, learned Official Assignee brought to the knowledge of this Court that the learned Master passed adjudication in the present case on 13.02.2020. Since the petitioner has not shown any interest to proceed his case, the order of the learned Master dated 13.02.2020 in I.P.No.4 of 2020 needs to be annulled.

3.Accordingly, considering the submission made by the learned Official Assignee, this Court annulled the order passed by the learned Master dated 13.02.2020 in I.P.No.4 of 2020.

4.In the result, the present petition is dismissed for non-prosecution. Connected Application is also closed.

rst 02.01.2023

KRISHNAN RAMASAMY, J.

rst and A.(IP).No.13 of 2020 02.01.2023