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Madras High CourtA/37/2025allowed

R.Rukmani v. Lakshmi Ramanathan And 6 Others

2025-01-22Honourable Dr Justice G. Jayachandran4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Appln. Nos.37 and 38 of 2025 in I.P. No.57 of 1999 Official Assignee, High Court, Madras ... Applicant in both applications

Versus

S. Prabhakaran ...

Respondent in both applications For Applicant : Mrs. C. B. Meena, Official Assignee For Respondent : Set ex-parte

ORDER

As directed by this Court, the learned Official Assignee has effected Substituted Service on the respondent by effecting paper publication. The paper publication has been filed along with the Affidavit of Service. No one has entered appearance on behalf of the respondent. Hence, the respondent is set ex-parte by this Court. 1/4

2. This application has been filed by the Official Assignee seeking to annul the order of adjudication, dated 29.04.1999 against the insolvent S. Prabhakar under Section 41 of the Presidency Town Insolvency Acts, 1909. As seen from the report of the Official Assignee, only one claim was received by the office of the Official Assignee against the estate of the insolvent in Claim No.69 of 2001 filed by Sapna L. Jain, for a sum of Rs.15,000/- and the said claim has been admitted by the Official Assignee for a sum of Rs.15,000/-. As seen from the report, no other claim has been received by the office of the Official Assignee. The Official Assignee has also stated in her report that only a sum of Rs.52/- is available in the Estate of the Insolvent.

3. This Court is satisfied with the contents of the report filed by the Official Assignee in support of this application viz., Appln No.37 of 2025. Therefore, the prayer sought for in this application has to be granted. Accordingly, Appln No.37 of 2025 is allowed as prayed for by annuling the order of adjudication, dated 29.04.1999 passed against the insolvent S. Prabhakar as per the provisions of Section 41 of the Presidency Towns Insolvency Act, 1909.

4. In view of the order passed in Appln. No.37 of 2025, the relief sought for by the Official Assignee in Appln. No.38 of 2025 has to be 2/4

granted. Accordingly Appln No.38 of 2025 is also allowed as prayed for by ordering for closure of the administration of the Insolvency Proceedings in I.P. No.57 of 1999.

28.07.2025 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 Appln. Nos.37 and 38 of 2025 in I.P. No.57 of 1999 28.07.2025 4/4