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2013 Supreme(Mad) 1675

S.MANIKUMAR
F. Ramesh – Appellant
Versus
Ramalingam Investments Salem represented by its Managing Partner K. Sridharan – Respondent


Advocates Appeared:
For the Petitioner:P. Jagadeesan, Advocate.

JUDGMENT

1. Being aggrieved by the judgment and decree made in I.A.No.74 of 2009 dated 23.09.2011 on the file of the learned Principal Subordinate Judge, Salem, refusing to condone the delay of 662 days in filing an application to set aside the ex parte decree dated 25.09.2007, the present Revision Petition has been filed.

2. Material on record discloses that the revision petitioner is the second respondent in I.P.No.46 of 1997 on the file of the learned Principal Subordinate Judge, Salem. The first respondent therein, is one M.Subbulakshmi, the debtor. Both the respondents stated supra have remained ex parte. Upon consideration of the materials on record, by order dated 25.09.2007, learned Principal Subordinate Judge, Salem, passed order under Section 9 of the Provincial Insolvency Act, 1920 declaring the first respondent therein, namely, M.Subbulakshmi as an insolvent and directed to vest the petition mentioned properties with the official receiver for management and administration. The second respondent in I.P.No.46 of 1997, Mr. Ramesh Sait, the revision petitioner herein has filed I.A.No.74 of 2009 to condone the delay of 662 days in filing an application to set aside the ex pa


























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