IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice N.ANAND VENKATESH
THE OFFICIAL ASSIGNEE – Appellant
Versus
N.EKAMBARAM – Respondent
In the High Court of Judicature at Madras Reserved on Delivered on : 13.10.2025 23.10.2025 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Application Nos.109 & 114 to 116 of 2022 in I.P.No.13 of 2019 The Official Assignee, High Court, Madras representing the estate of N.Ekambaram ...Applicant in all the Applns.
Vs
1.N.Ekambaram
2.P.Karunakar ...Respondents in all the Applns.
APPLICATIONS under Order XIV Rules 2 and 3 of the Insolvency Rules, 1956 read with Sections 7, 27, 36, 68 and 90 of the Insolvency Act praying to (i) pass an order to declare that the sale deed dated 30.4.2018 and registered as document No.1347 of 2018 on the file of Sub- Registrar, Royapuram for Rs.15,22,000/- relating to the property at old No.9, New No.11, Mannapan Lane, Old Washermanpet, Chennai in favour of the 2nd Respondent made within two years prior to the date of adjudication of the insolvent viz. N.Ekambaram as null and void under Section 55 of the Presidency Towns Insolvency Act and the property of the said N.Ekambaram continue to vest with the Official Assignee, High Court, Madras (A.No.109 of 2022);
(ii) to pass an order to direct the 2nd respondent herein to hand over all the title deeds relating to the property at old No.9, New No.11, Mannapan Lane, Old Washermanpet, Chennai to the Official Assignee or suitable warrant of seizure may be issued in favour of the Official Assignee to seize the documents of title and the property held by the
2nd respondent (A.No.114 of 2022);
(iii) to pass an order to direct the respondent for an order of injunction restraining the 2nd respondent, his agents, men, servants or anybody else claiming through him from alienating the property viz. land and building at Old No.9, New No.11, Mannappan Lane, Old Washermanpet, Chennai measuring to an extent of 860 sq.feet more fully described in the schedule to the application pending disposal of the above petition under Section 55 of the Presidency Towns Insolvency Act (A.No.115 of 2022); and (iv) to pass an order to permit the Official Assignee to sell the property at Old Door No.9, New Door No.11, Mannappan Lane, Old Washermenpet, Chennai measuring to an extent of 860 sq.ft. more fully described in the schedule to the application for the benefit of the General Body of Creditors (A.No.116 of 2022).
Schedule All that piece and parcel of vacant land bearing old door No.9, New No.11, Mannappan Lane, Old Washermenpet, Chennai-600021 comprised in old survey No.710, R.S.No.1867/6 (Part), Tondiarpet Revenue Division, Fort Tondiarpet Taluk, within the limit of Chennai Corporation bounded on the north by : property belonged to K.Sree Ramakrishnan (vendor sold to K.Sree Ramakrisnan);
south by : Mannappa (Mudali) Lane;
east by : R.S.No.1867/7; and west by : property belonged to K.Sree Ramakrishnan measuring east to west on northern side : 20 feet east to west on southern side : 20 feet north to south on the eastern side : 43 feet north to south on the western side : 43 feet.
measuring an extent of 860 square feet situate within the registration district of North Chennai and sub-registration district of Royapuram.
No superstructure.
For Applicant : Mr.K.V.Ananthakrushnan For R1 : Mr.A.M.Venkatakrishnan For R2 : Mr.K.C.Krishnamoorthy COMMON ORDER These applications have been filed by the Official Assignee seeking to declare that the sale deed dated 30.4.2018 registered as doc.No.1347 of 2018 on the file of Sub-Registrar, Royapuram relating to the property at old No.9, New No.11, Mannappan Lane, Old Washermanpet, Chennai in favour of the 2nd Respondent by the first respondent as null and void under Section 55 of the Presidency Towns Insolvency Act, 1909 (for short, the Act) and that the property of the first respondent continues to vest with the Official Assignee, High Court, Madras and for other consequential reliefs.
2. Heard both.
3. The case of the applicant is as follows :
(i) The first respondent was adjudicated as an insolvent by order dated 01.8.2019 made in I.P.No.13 of 2019 on his ow
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