The Court passed an order of adjudication in an insolvency petition based on an earlier decree, ruling that the order should be made despite the debtor's absence after being served the insolvency notice.
Order of adjudication passed against the debtor in terms of prayers a and c.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS INSOLVENCY JURISDICTION
PETITION NO. 11 OF 2006
Re: Dr.Paresh Kantilal Dalal
... Debtor.
Ex-parte : Ranjit Meghji Kapadia. ... Petitioning Creditor.
Ms. Parvathi i/b. B.S. Chandanani for the Petitioning Creditor.
CORAM : DR. D.Y. CHANDRACHUD,J.
05th DECEMBER 2006.
P.C. :
admission passed by this Court on 28th March 2005 in Summery Suit No.552 of 2003. The Debtor was served with the Insolvency Notice dated 23rd December 2005 on 10th January 2006. The act of Insolvency was complete on 28th
February 2006. Despite service, the Debtor has not
appeared.
passed in terms of prayer Clauses (a) and (c).
1 issue framed by the court
Whether an order of adjudication should be passed in the absence of the debtor despite service of the insolvency notice.
Dr.Paresh Kantilal Dalal
Ranjit Meghji Kapadia
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
