Madras High CourtIP/136/1997annulment ordered

Harshasd A.Sheth v.

2018-11-19Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) MONDAY, THE 19TH DAY OF NOVEMBER 2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH I.P. No.136 of 1997 In the matter of the Presidency Towns Insolvency Act, III of 1909 and In the matter of Harshad A.Sheth Prop. Of Amrit Traders ...Insolvent That the petition of the insolvent above named coming on for hearing under Section 41 and 23 (1) of the Act, for default in not having applied for discharge.

Upon reading the petition, filed herein, the Adjudication order of this court dated the 24th day of July 1997 and the Report of the Official Assignee of this court dated 26.10.2018, and Upon hearing the Official Assignee of this court and the Official Assignee prays for annulment of the order of adjudication in the light of the continued absence and non-co-operative attitude of the insolvent, It is ordered as follows:

(i)That the order of Adjudication made herein and dated the 24th day of July 1997 against the insolvent Harshad A.Sheth, Prop. Of Amrit Traders, be and is hereby annulled in terms of Section 23(1) of the Presidency Towns Insolvency Act, 1909.

(ii)That a sum of Rs.4,748/- is stated to be available in the estate of the insolvents which may be appropriated towards the expenditure to be incurred by the Official Assignee and the remaining if any, may be paid over towards a portion of the demand of the Commercial Tax Officer, Moor Market (North).

(iii)That the Insolvency Petition be and is hereby closed.

WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 19TH DAY OF NOVEMBER 2018.

SD/- ASSISTANT REGISTRAR Original Side - I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2018 MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

cns-27.11.2018 HIGH COURT, MADRAS I.P. NO.136 of 1997 ANNULMENT ORDER ORDER DATED: 19.11.2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH FOR APPROVAL: 28/11/2018 APPROVED ON : 28/11/2018 COPY TO:- THE OFFICIAL ASSIGNEE HIGH COURT, MADRAS.