Madras High CourtIP/26/2018allowed

Ranjan R.Dani v. K.G.Mageshkumar

2019-03-04Honourable Mr Justice R. Suresh Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(IN INSOLVENCY) MONDAY, THE 4TH DAY OF MARCH 2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR INSOLVENCY PETITION NO.26 of 2018 In the matter of Presidency Towns Insolvency Act, III of 1909 and In the matter of K.G.Mageshkumar .. Debtor Ranjan R.Dani, S/o.Shankerlal, Carrying on business at Flat No.303,3rd Floor, No.13, Karuppannan Street, Sowcarpet, Chennai - 600 001.

... Petitioning Creditor -VersusK.G.Mageshkumar, Door No. AO-3362, 2nd Floor, AF Block, Anna Nagar, Chennai 600 040.

... Debtor Insolvency Petition praying that this Hon'ble court be pleased to (a) adjudicate the Debtor as Insolvent (b)direct that the estate of the Debtor be vested in the Official Assignee of Madras, for the benefit of the general body of creditor of the Debtor (c) order that the costs of this petition be paid by the Official Assignee of Madras, from and out of the estate of the Debtor to the Petitioning Creditor.

The above insolvency petition coming on this day before this court for hearing in the presence of Mr.T.Srikanth, advocate for the petitioning creditor herein and the debtor herein not appearing in person or by advocate and the

debtor having been set ex-parte on 04.03.2019; and upon reading the petition and affidavit of Ranjan R.Dani, filed herein; and It is ordered as follows:

1) That K.G.Mageshkumar, Door No. AO-3362, 2nd Floor, AF Block, Anna Nagar, Chennai 600 040 be and is hereby adjudicated as Insolvent.

2) That the estate of the debtor/respondent be vested with the Official Assignee, High Court of Madras, for the benefit of the general body of the creditor of the debtor.

3) That the said insolvent do appear before the Official Assignee of this Court within one week from the date of service of this order;

4) That the said insolvent do file in this Court his schedule of affairs together with a copy thereof within thirty days from the date of service of this order;

5) That the said insolvent shall apply for his discharge within a period of 18 months from this date; WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 4th DAY OF MARCH 2019.

SD/- ASSISTANT REGISTRAR Original Side - I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2019 MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

cns - 13.03.2019 HIGH COURT, MADRAS I.P. No.26 of 2018 ADJUDICATION DECREETAL ORDER DATED : 04.03.2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR FOR APPROVAL : 21/03/2019 APPROVED ON : 21/03/2019 Copy to :

The Official Assignee High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

... Petitioning Creditor -VersusK.G.Mageshkumar, Door No. AO-3362, 2nd Floor, AF Block, Anna Nagar, Chennai 600 040.

The above insolvency petition coming on this day before this court for hearing in the presence of Mr.T.Srikanth,

advocate for the petitioning creditor herein and the debtor herein not appearing in person or by advocate and the debtor having been set ex-parte on 04.03.2019; and upon reading the petition and affidavit of Ranjan R.Dani, filed herein; and THE COURT MADE THE FOLLOWING ORDER :

This petition has been filed by the petitioning creditor to adjudicate the respondent / insolvent.

2. Notice had been ordered to the respondent pursuant to which, steps have been taken by the petitioning creditor to serve notice privately to the respondent which was served on 19.02.2019 and a proof of service to that effect has also been filed before this Court by the petitioning creditor.

3. When the case came up for hearing on 25.02.2019, this Court directed the Registry to print the name and full address of the respondent and directed the matter to be posted today.

4. Accordingly, the matter is listed today, where in the cause list, the name and full address of the respondent is printed. When the case is called, no one was present for the respondent therefore, the respondent is hereby called absent and set exparte.

5. Since this petition is filed under Section 9(2) of the presidency-Towns Insolvency Act III of 1909, pursuant to the decree passed by the Competent Civil Court in O.S.No.4979 of 2015 at the City Civil Court, Chennai by decree dated 16.02.2016 this Court is inclined to pass the following order.

In view of the above, the respondent / debtor is adjudicated as insolvent, and the property if any, of the debtor / insolvent shall vest with the Official Assignee and the Official Assignee shall take in-charge of the estate of the insolvent and proceed with in accordance with law.

WITNESS, THE HON'BLE SHRIMATI, VIJAYA KAMLESH TAHILRAMANI, CHIEF JUSTICE, HIGH COURT AT MADRAS, AFORESAID THIS THE 4th DAY OF MARCH 2019.

sd/- ASSISTANT REGISTRAR Original Side - I //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2019 MANAGER INSOLVENCY OFFICE From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

cns - 13.03.2019 HIGH COURT, MADRAS I.P. No.26 of 2018 ADJUDICATION ORDER DATED : 04.03.2019 THE HON'BLE MR. JUSTICE R.SURESH KUMAR FOR APPROVAL : 21/03/2019 APPROVED ON : 21/03/2019 Copy to :

The Official Assignee High Court, Madras.