A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:08.01.2025 Coram: THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 A.No.387 of 2024: 1.Jayanthilal N.Shah S/o late N.P.Shah, Bo.211, Nagarthpet, 1st Floor, Bangalore 560 002. 2.Mrs.Esha G Shah S/o Girish J.Shah, No.5/1, North Public Square, Basavangudi, Bangalore. 3.N.Punit N.Shah, S/o N.J.Shah, No.106, Venkateshwara Market, 120 Avenue Road, Bangalore 560 002. .. Applicants 1 to 3/Respondents 5 to 7 1/7 https://www.mhc.tn.gov.in/judis A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 /versus/ The Official Assignee, High Court, Madras. ..1st Respondent/Applicant Arjunlal Sunderdas (died) 23, Anderson Road, Nungambakkam, Chennai 600 006. Rajkumar Menon (Deceased) S/o late Sri K.T.Balakrishnan Menon Sun Plaza, II Floor, 19th G.N.Chetty Road, Madras 600 006. 2.Venkatesh.R., S/o Late M.V.Ramanna, No.21/1, 11st Cross, Katthriguppa Main Road, Bangalore 560 050. .. 2nd Respondent/3rd Respondent 3.Raghunath S, S/o Late H.Shankar, No.306, 17th “C” Main, 3rd Block Rajaji Nagar, Bangalore 560 010. .. 3rd Respondent/4th Respondent 2/7 https://www.mhc.tn.gov.in/judis A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 A.No.388 of 2024: 1.Jayanthilal N.Shah S/o late N.P.Shah, Bo.211, Nagarthpet, 1st Floor, Bangalore 560 002. 2.Mrs.Esha G Shah S/o Girish J.Shah, No.5/1, North Public Square, Basavangudi, Bangalore. 3.N.Punit N.Shah, S/o N.J.Shah, No.106, Venkateshwara Market, 120 Avenue Road, Bangalore 560 002. .. Applicants 1 to 3/Respondents 5 to 7 /versus/ The Official Assignee, High Court, Madras. ..1st Respondent/Applicant Arjunlal Sunderdas (deceased) 23, Anderson Road, Nungambakkam, Chennai 600 006. Rajkumar Menon (Deceased) S/o late Sri K.T.Balakrishnan Menon Sun Plaza, 3/7 https://www.mhc.tn.gov.in/judis A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 II Floor, 19th G.N.Chetty Road, Madras 600 006. 2.Venkatesh.R., S/o Late M.V.Ramanna, No.21/1, 11st Cross, Katthriguppa Main Road, Bangalore 560 050. .. 2nd Respondent/3rd Respondent 3.Raghunath S, S/o Late H.Shankar, No.306, 17th “C” Main, 3rd Block Rajaji Nagar, Bangalore 560 010. .. 3rd Respondent/4th Respondent Prayer in A.No.387 of 2024: Application has been filed under Order 2, Rule 1 of the Insolvency Rules 1956 read with Sections 7, 58, 68 of the Presidency Town Insolvency Act, 1908 & read with Section 151 and Order 18, Rule 17 of CPC praying to reopen the evidence of PW-1 Mrs.P.Mangaiyarkkarasi for cross examination by the applicants pending on the file of the Hon'ble Court in Appln.No.339 of 2015 in IP.No.25 of 2014. Prayer in A.No.388 of 2024: Application has been filed under Order 2, Rule 1 of the Insolvency Rules 1956 read with Sections 7, 58, 68 of the Presidency Town Insolvency Act, 1908 & read with Order 18, Rule 17 of CPC praying to recall PW-1 Mrs.P.Mangaiyarkkarasi for cross examination by the applicants pending on the file of the Hon'ble Court in Appln.No.339 of 2015 in IP.No.25 of 2014. 4/7 https://www.mhc.tn.gov.in/judis A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 Both applications: For Applicants :Mr.A.Venkateshkumar for M/s Gupta and Ravi For Respondent :Mr.K.V.Ananthakrushnan for the Official Assignee ----- COMMON ORDER The respondents 5 to 7 have filed these applications to reopen and recall PW-1. The learned Master has recorded that inspite of giving three opportunities, the applicants/respondents have not cross examined PW-1. Hence, the learned Master closed the evidence on the side of the applicants and posted the matter before the Court. 2. In these applications, which contains identical reasons, it is stated that due to heavy rain in Bangalore, the learned counsel was not able to attend the Court proceedings on 24.10.2024. 5/7 https://www.mhc.tn.gov.in/judis A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 3. Considering the fact that for cross examination of PW-1, the matter was adjourned for the first time on 26.09.2024 and thereafter, on 03.10.2024. Only on the third occasion i.e. on 24.10.2024, since there was no progress, the evidence of PW-1 was closed, the opportunity to recall PW-1 is given to the applicants on the condition that they shall pay a sum of Rs.10,000/- on or before 31.01.2024 in the account of I.P.No.25/2014. On such payment, the learned Master shall permit the respondents 5 to 7/applicants 1 to 3 herein to cross examine PW-1. Accordingly, these applications are allowed. (Dr.G.J.J.) (C.V.K.J.) 08.01.2025 6/7 https://www.mhc.tn.gov.in/judis A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 Dr.G.JAYACHANDRAN,J. and C.V.KARTHIKEYAN,J. ari A.(IP)Nos.387 and 388 of 2024 in A.No.339 of 2015 in I.P.No.25 of 2014 08.01.2025 7/7 https://www.mhc.tn.gov.in/judis