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2019 Supreme(Mad) 3204

R.SUBBIAH, T.KRISHNAVALLI
S. Dayanidhi – Appellant
Versus
Visesh Cargo & Travels Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : K. Elango.
For the Respondents: R. Ramanlal and M. Vasantha Kumar, Deputy Official Assignee.

JUDGMENT :

R. Subbiah, J.

1. This Original Side Appeal (OSA) is filed against the order dated 13.03.2019 passed by the learned Single Judge in Appln. No. 182 of 2018 in I.P. No. 18 of 2017 on the file of this Court, annulling the order of adjudication dated 23.11.2017 passed in the abovesaid I.P.

2. The appellant was adjudged as an insolvent on his own petition, by order of the learned Master of this Court, dated 23.11.2017 passed in I.P. No. 18 of 2017. It is the case of the appellant in the said I.P. that his total liabilities are to the tune of Rs. 8,66,78,000/- and his assets are of the value of Rs. 3,27,53,664/-. He was dealing with marine products such as fish, crab, shell and prawn. He had started to work as working partner in the said business in the year 2001 in the name and style of M/s. HL Marine Foods. Thereafter, he started another trading company in the name and style of Almash Fish Trading LLC in the year 2014 at Dubai and was successfully running it till January 2017. Suddenly, due to recession in the trade, he could not collect money from various clients. The appellant was also doing the abovesaid business locally by having tie-ups with the local fishermen (vendors).

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