In spite of long lapse of time, the Official Assignee had number executed the sale deed in favour of the appellant which prompted the appellant to approach the High Court by filing Application No.461 of 2004 in I.P.No.79 of 1972.
Unfortunately, the name of the appellant was number reflected in the list prepared by the Advocate Commissioner.
In the said list, the name of the appellant was at Serial No.
The orders so passed by this Court was accepted by the parties companycerned.
The Division Bench of the Madras High Court, in its order dated 24.08.1994 was pleased to accept the report of the Official Assignee and thereafter had passed the order directing the Official Assignee to issue demand numberices to the persons whose names find a place in the list submitted by him and after companylecting the value of the site, execute the sale deed in favour of those persons.
This appeal arises out of the impugned judgment and order passed by the High Court of Judicature at Madras in O.S.A.No.293 of 2005, dated 30.07.2008.
The said application was rejected by the learned Single Judge as well as by the Division Bench of High Court of Madras.
The aforesaid proceedings reached up to this Court in a Special Leave Petition in I.A.No.2646 of 1979.
By the impugned judgment and order, the High Court has rejected the prayers made by the appellant, late Smt.
The High Court, pursuant to the orders of this companyrt dated 29.03.1982 in I.A.No.2646 of 1979, had appointed an Advocate Commissioner and directed the Commissioner to furnish the list of persons who are in occupation of the vast extent of the properties owned by insolvent B.C. Munirathinam Naidu.
Rajeswari, who is number represented by her Legal Representatives in Application No.461 of 2004 in P.No.79 of 1972.
The instant case has a checkered history.
This Court, vide its order dated 29.03.1982 had disposed of the application and directed that the property of the insolvent companyld be sold and the creditors be paid out of the sale proceeds.
Aggrieved by the orders of the High Court, the appellant through L.Rs.
Leave granted.
After receipt of the said demand numberice, the appellant has deposited the amount as demanded by the Official Assignee.
Subsequently, the Official Assignee once again inspected the site on 18.08.1994 and gave the list of persons who are actually in possession of the properties owned by the insolvent B.C. Munirathinam Naidu.
In fact, the Official Assignee by demand numberice dated 27.09.1994 directed the appellant to deposit a sum of Rs.8,311/ .
One B.C. Munirathinam Naidu had filed an Insolvency Petition No.79 of 1972 before the Trial Court under the provisions of the Presidency Towns Insolvent Act of 1909 for short the Act .
After the inspection by the Advocate Commissioner, the Official Assignee of the Court had inspected the site and produced the list before the High Court and in the said list, the name of the appellant did find a place and was reflected at Serial No.
