1 A.No.96 of 2009 in I.P.No.68 of 2006 R.SUBBIAH,J. This application has been filed for the following reliefs: (i)to declare that the sale of the property morefully described in the schedule hereunder effected by the 1st respondent B.Ravikumar through his power agent second respondent S.K.Rahamathullah to the third respondent Haribaskaravarman vide Dcoument No.3026/2006 of Sub Registrar's Office, Virugambakkam, shall be void against the Office Assignee by setting aside the sale. (ii)to grant a warrant of seizure in favour of the Official Assignee to seize the property from the custody or possession of the third respondent herein or any other person and with a view to such seizure to break open the doors of the said building of the schedule mentioned property with a further direction to the area police officer to render necessary assistance for such seizure in case of necessity. (iii)to direct the respondents to deliver all the title deeds such as Document No.3026/2006 and other documents and deeds from their possession relating to the property of the official assignee; 2 (iv)to permit the official assignee to sell the schedule mentioned property in public auction; (v)to grant an injunction against the respondents not to sell the subject property mentioned in the schedule until the disposal of this application. 2.The first respondent herein has filed a petition in I.P.No.68 of 2006 for declaring him as insolvent. The first respondent has been adjudicated as insolvent on his own petition by order dated 06.06.2006 in I.P.No.68 of 2006. Now the present application has been filed for the above mentioned reliefs. 3.Though notice was served on the respondents, they have not entered appearance. Hence the evidence of Mr.V.Mohan, Assistant Section Officer in the office of the Official Assignee was recorded. In his evidence, he had stated that the insolvent has disclosed 102 creditors for Rs.1,45,34,426.50 and undivided share of the property at No.24, Vinayagar Maistry Street, Sowcarpet, Chennai – 79 and also a property at Nellore. The insolvent owned a property at Plot No.19, Mangala Nagar measuring an extent of 700 sq.ft. comprised in Survey No.336 (part) and 2500 sq.ft. Comprised in survey No.339/1a (part) 3 having a total extent of 3200 sq.ft. situated at No.73, Maduravoyal Village, Ambattur Taluk, Thiruvallur District. The insolvent purchased the said property from one Vijay Raman through his power agent T.L.Raman on 23.01.2004 for a sum of Rs.12,68,600/- vide Document No.353/2004 at Sub Registrar's office, Virugambakkam. The insolvent sold the subject property in favour of the third respondent through the power agent/second respondent on 06.06.2006 i.e. on the same day of adjudication. 4.The Official Assignee, on 09.11.2006, requested the Joint Sub Registrar, Virugambakkam to furnish the encumbrance certificate and also not to entertain any transfer or dealing with the schedule mentioned property. From the encumbrance certificate obtained from the Sub Registrar's office, Virugambakkam, it is found that the insolvent through his power agent sold the said property to the third respondent. The third respondent – Haribaskaravarman purchased the schedule mentioned property to the extent of 3200 sq.ft. for a sum of Rs.12,73,600/- vide Document No.3026 of 2006 dated 06.06.2006 at Sub Registrar's Office, Virugambakkam. The insolvent sold the property exactly on the date of adjudication i.e. on 06.06.2006 for lesser consideration. The third respondent – Haribaskaravarman, who 4 has purchased the insolvent's schedule mentioned property, is also the power agent for the insolvent's brother D.Rajkumar, an insolvent in I.P.No.69 of 2006. The official assignee sent enquiry notice to the third respondent to appear on 19.12.2006 with copies of the documents. The third respondent appeared on that date and submitted the copies of the documents viz., copy of power of attorney registered as Document No.1412 of 2006 dated 17.04.2006, copy of sale agreement dated 15.03.2006 and copy of sale deed registered as Document No.3026 of 2006 dated 06.06.2006. It appears the the insolvent entered into a sale agreement with the third respondent for the schedule mentioned property on 15.03.2006 itself for a sum of Rs.36,75,000/-. The insolvent sold the property on 06.06.2006 only for a sum of Rs.12,73,600/-. The sale is made with an intention to defeat and delay the claim of the creditors. Hence the present application is filed. 5.Though the name of the learned counsel appearing for the first respondent and the names of the respondents 2 and 3 were printed in the cause list, there is no representation for the respondents. Hence the respondents are set exparte. 5 6.On the side of the applicant, Assistant Section Officer was examined as P.W.1 and three documents were marked. Ex.P1 is the certified copy of the sale deed dated 06.06.2006 executed by the first respondent through his power agent i.e. second respondent in favour of the third respondent. Ex.P2 is the original encumbrance certificate showing the date of the sale and Ex.P3 is the original valuation report issued by Anbarasan, Government Authorised Engineer with regard to the petition property. The said Anbarasan was examined as P.W.2. Though the first respondent appeared through counsel, he has not chosen to cross-examine P.W.1 and P.W.2. 7.Hence considering the averments made in the affidavit filed in support of this application as well as the evidence of P.W.1 and P.W.2, this application is ordered as prayed for. 10.03.2015 mmi 6 R.SUBBIAH, J. A.No.96 of 2009 in I.P.No.68 of 2006 10.03.2015