This single-paragraph order, passed by a bench of one judge set aside the Insolvency Notice in a notice of motion filed by a judgment creditor. The creditor stated full payment had been made to the judgment debtors, and the motion was allowed.
The Notice Motion to set aside the Insolvency Notice was made absolute in terms of prayer Clause (a).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS INSOLVENCY JURISDICTION
NOTICE OF MOTION NO. 50 OF 2006
IN
NOTICE NO.N/99 OF 2005
Re: Interjeet Sharma & Anr. ... Judgment Debtors.
Ex-parte : Vasudev N. Valecha. ... Judgment Creditor.
Ms. Parvathi i/b. B.S. Chandnani for the Judgment Creditor.
Ms. Laxmi i/b. R.C. Shukla for the Judgment Debtors.
CORAM : DR. D.Y. CHANDRACHUD,J.
05th DECEMBER 2006.
P.C. :
aside the Insolvency Notice on the ground that full payment has been made to the Petitioning Creditor.
Counsel appearing on behalf of the Petitioning Creditor
accepts this factual position.
in terms of prayer Clause (a)
1 issue framed by the court
Whether the Insolvency Notice should be set aside given that full payment was made to the petitioning creditor.
Vasudev N. Valecha
Interjeet Sharma & Anr.
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
