Disposed

Hatim T. Suterwala v. Devang Jitendra Sarvaiya and Ors.

Bombay HC16 Sept 2008NMIS/36/2008

Case brief

AI extract

What is this about?

This judgment considers a notice of motion filed by a petitioning creditor in an insolvency matter. The brother's court found that the debtors were aware of the proceedings but chose not to appear. Consequently, the court made the notice of motion absolute and disposed of the matter.

What did the court decide?

The notice of motion is made absolute in terms of prayer clauses (a) and (b) and disposed of.

Hatim T. Suterwala Vs Devang Jitendra Sarvaiya and… — Insolvency and Bankruptcy | Bombay HC (2008)

¶1

:1:

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN INSOLVENCY

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 NOTICE OF MOTION NO. 36 OF 2008
 IN
 INSOLVENCY PETITION NO. 1 OF 2008

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 Devang Jitendra
 Sarvaiya & Ors. ..Debtors

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Ex-parte:
 Hatim T. Suterwalla ..Petitioner
 Creditor

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 Mr. Kishore Jain i/b. G. R. Mehta for the
 Petitioning Creditor.

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 None for the Debtors.

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CORAM : S. A. BOBDE, J.

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DATE : 16TH SEPTEMBER, 2008.

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P.C.

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 . Heard learned counsel for the Petitioning

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 Creditor. None appears for the Debtors.

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 2. This notice of motion is taken out by the

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 petitioning creditor alleging that the act of
 insolvency has been completed by the debtors on
 4.12.2007. According to the petitioning creditor

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 the debtors are creating confusion as regards their
 assets and properties with a view to take them out

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:2:

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 of the reach of the Official Assignee and they are
 making attempt to deal with and dispose of the
 property, assets etc. The firm of which they are
 partners i.e. M/s. Shree Venkatesh Chemi Colour
 Co. said to be heavily indebted and a separate
 Insolvency Petition No. 15 of 2008 has been filed
 against the firm.

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 3. Having regard to the fact that the debtors
 are aware of this notice of motion and had appeared
 in this court in the past, but for some reasons
 known to them had chosen not to appear today, it
 would be appropriate in the interest of justice to
 make the notice of motion absolute. Accordingly,
 the notice of motion is made absolute in terms of
 prayer clauses (a) and (b). Notice of Motion is
 disposed of accordingly.

¶19

(S. A. BOBDE, J.)

Hatim T. Suterwala v. Devang Jitendra Sarvaiya and Ors.

Case brief

What is this about?

What did the court decide?

Hatim T. Suterwala v. Devang Jitendra Sarvaiya and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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