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2023 Supreme(Mad) 327

S. M. SUBRAMANIAM
Sembuthu Arakkatalai Charitable Trust, Represented by its President Mr. K. P. Natarajan – Appellant
Versus
Palanivel – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. J. Ramakrishnan
For the Respondent: Mr. P. Navaneetha Krishnan

ORDER :

The present Civil Revision is filed against the fair and decretal order dated 27.08.2022 passed in IA No.5 of 2021 in IP No.2 of 2020 on the file of the Sub Court at Rasipuram.

2. The revision petitioners are the respondents 4 and 5 in IP No.2 of 2020. The revision petitioners were set ex-parte on 23.10.2021 since they have not filed counter-affidavit in the Insolvency Petition (IP).

3. The revision petitioners filed IA in IA No.5 of 2021 to set aside the ex parte order passed by the Trial Court. The Court adjudicated the grounds on which the Interlocutory Application was filed and dismissed the same on the ground that the reasons stated for setting aside the ex parte order are neither candid nor convincing.

4. The revision petitioners allowed the Court to pass ex parte order with an idea to drag on the proceedings and therefore, the Trial Court refused to consider the grounds raised by the revision petitioners to set aside the ex parte order.

5. The findings of the Trial Court reveals that the revision petitioners have wantonly avoided the proceedings though they had knowledge about the proceedings, which was pending before the Court concerned.

6. Despite the fact that they were

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