Appln.Nos.229 to 233 of 2017

in

I.P.No.64 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ORDER RESERVED ON : 19.07.2021

ORDER PRONOUNCED ON : 29.07.2021

Appln. Nos.229 to 233 of 2017

in

I.P.No.64 of 2011

Appln.No.229 of 2017

Sunil Kumar Adikesavan

..Applicant/ 3^rd party

Vs.

1.Official Assignee,

High Court of Judicature,

Chennai – 600 104.

.. 1^st Respondent

M/s.Eltech Corporation

Represented by its Partners

2.R.Sundararajan

3.B.Jayavel

..Respondents 2 and 3/ Insolvents

Page No.1/27

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Appln.Nos.229 to 233 of 2017

in

I.P.No.64 of 2011

Appln.Nos.230 to 233 of 2017

The Official Assignee,

High Court,

Madras

..Applicant

-Vs.-

1.M/s.Eltech Corporation

Represented by its Partners

i) R.Sundararajan

ii) B.Jayavel

..Respondents/ Insolvents

2.Naresh Kumar Kothari

.. 2^nd respondent/ Power of Attorney Agent

3.Bijay Singh Choraria

..3^rd respondent/ Transferee

4.Sunil Kumar Adikesavan

..4^th respondent/ Subsequent Transferee

Prayer in Appln.No.229 of 2017:- This Application has been filed seeking

to direct the first respondent to hand over the property being Plot with

Building up to foundation and compound wall bearing No.23, “Raja's

Garden Phase II” measuring 1980 Sqft comprised in Survey No.123/1F

situate at Noombal Village, Ambattur Taluk, Thiruvallur District within the

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Appln.Nos.229 to 233 of 2017

in

I.P.No.64 of 2011

Registration District of South Chennai and Sub Registration District of

Kundrathur.

Prayer in Appln.No.230 of 2017:- This Application has been filed seeking

to declare the transfer of the insolvents' property described in the schedule to

the Judges Summons in favour of the 3^rd respondent herein and the

subsequent transfer effected by the 3^rd respondent in favour of the 4^th

respondent herein as null, void and not binding upon the official assignee.

Prayer in Appln.No.231 of 2017:- This Application has been filed seeking

to issue warrant permitting the official assignee to seize the property from

the custody or possession of the respondents 3 and 4 or any other person,

their men, agents or servants acting under them with the assistance of Police.

Prayer in Appln.No.232 of 2017:- This Application has been filed seeking

to direct the respondents 3 and 4, their men, agent or servants or any other

person acting on their behalf to deliver the vacant possession of the said

property described in the Schedule to the Judges Summons with all

documents of title in their possession to the official assignee.

Prayer in Appln.No.233 of 2017:- This Application has been filed seeking

to permit the official assignee to sell the property described in the Schedule

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Appln.Nos.229 to 233 of 2017

in

I.P.No.64 of 2011

in the Judges Summons in public auction and sale proceeds rateably divided

amongst the General Body of Creditors.

For Applicant

: Mr.A.Thiagarajan, Senior Counsel

for Mr.D.Senthil Kumar

for applicant in Appln.No.229/2017 &

for the 4^th respondent in Appln.Nos.230 to 233/17

For Respondents

: Mr.C.Ramesh

for Official Assignee in Appln.No.229/2017 &

for applicant in Appln.Nos.230 to 233/2017

C O M M O N O R D E R

The prayers in the above applications are as follows:-

Appln.No.229 of 2017:- This Application has been filed seeking to

direct the first respondent to hand over the property being Plot with

Building up to foundation and compound wall bearing No.23, “Raja's

Garden Phase II” measuring 1980 Sqft comprised in Survey No.123/1F

situate at Noombal Village, Ambattur Taluk, Thiruvallur District within

Page No.4/27

http://www.judis.nic.in

Appln.Nos.229 to 233 of 2017

in

I.P.No.64 of 2011

the Registration District of South Chennai and Sub Registration District

of Kundrathur.

Appln.No.230 of 2017:- This Application has been filed seeking to

declare the transfer of the insolvents' property described in the sch