V.R.Maheshwari and Co., v. Mr.Shankar Moitra
Case brief
What is this about?
In an insolvency notice matter, this court rejected the applicant's motion to set aside the notice. The court held that defences regarding the merits of the underlying suit, such as lack of a written contract or corporate personality, do not relate to jurisdiction and cannot justify setting aside a valid insolvency notice when the decree remains subsisting.
What did the court decide?
The motion for setting aside the insolvency notice was rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
IN ITS INSOLVENCY JURISDICTION
NOTICE OF MOTION NO. 9 OF 2004
IN
INSOLVENCY NOTICE NO.N/357 OF 2004
Mr.Shankar Moitra . .. Judgement
Debtor/applicant
M/s.V.R.Maheshwari & Co. .. Judgement Creditor
Mr.Shailesh Naidu i/b B.V. Phadnis for Judgement
debtor.
Mrs.M.A. Shah for judgement creditor.
CORAM : D.G. KARNIK,J.
DATED : 19th July 2005.
Issues for consideration
2 issues framed by the court
Whether the merits of a summary suit and lack of written contract can be grounds for setting aside an insolvency notice.
Whether the existence of a pending application to set aside a decree can be a ground for setting aside an insolvency notice.
Parties & counsel
- applicant
Mr. Shankar Moitra
Coram
D.G. KARNIK
Case details
As recorded by the court registry
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