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2024 Supreme(Online)(Mad) 54778

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice ABDUL QUDDHOSE
K.PAUL CHANDRAMOHAN B-6.MOUNT POONAMALLEE ROAD NAN – Appellant
Versus
IRUTHAYAM SUGADOSS – Respondent


in Reserved on 22.12.2023 Pronounced on 04.06.2024 C.SARAVANAN, J.

This application has been filed by the applicant to declare the Sale cum Construction Agreement entered into with respondents 3 to 15 with the insolvent as null and void and thereby set aside the consequential sale deeds and other documents in favour of the Respondents 2 to 18.

st

2. The 1 respondent herein had filed I.P.No.24 of 2016 on st

18.07.2016. At the time of filing of I.P.No.24 of 2016, the 1 respondent has stated that he had a debt for a sum of Rs.7,85,85,450/- to various creditors (both secured and unsecured creditors).

st

3. The 1 respondent was adjudicated as an insolvent by this Court by its order dated 28.07.2016.

4. Pursuant to the aforesaid order dated 28.07.2016 of this Court, st nd the estate of the 1 respondent insolvent was taken over by the 2 respondent/official assignee.

5. The facts of the case that emerged during the course of hearing st indicate that the 1 respondent-insolvent was engaged in a Real Estate st Business under the name and style of Cosy Promoters. The 1 respondent-insolvent had entered into the separate Construction Agreements with respondents 3 to 15 on various dates. Thereafter sale

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