Allowed

The Official Assignee, High Court, Bombay. v. Nikhil Rasiklal Dalia, Insolvent, (Own Petition)

Bombay HC3 Mar 2009NMIS/13/2009

Case brief

AI extract

What is this about?

The High Court at Bombay granted the insolvent's motion to visit his son in California on a trial basis. The leave was conditional on a return undertaking before 21 August 2009, deposit of security, and furnishing contact details.

What did the court decide?

Motion made absolute on undertaking to return by 21 Aug 2009, deposit of Rs.1 lac security, and furnishing contact details.

The Official Assignee, High Court, Bombay. Vs… — Insolvency and Bankruptcy | Bombay HC (2009)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 VP H

¶3

ORDINARY ORIGINAL CIVIL JURISDICTION

¶4

NOTICE OF MOTION No.13 OF 2009
IN
INSOLVENCY PETITION No.19 OF 2000

¶5

The Official Assignee,...Applicant
High Court, Bombay
Vs

¶6

Mikhil Rasiklal Dalia, Insolvent ...Respondents
Mr. S. P. Jog, for the insolvent.

¶7

Mr. A. P. Kothari, Dy. Official Assignee.

¶8

CORAM: S. J. VAZIFDAR, J.

¶9

DATED: MARCH 3, 2009.

¶10

P.C.:

¶11

.The insolvent seeks to visit his son in
California and has sought certain reliefs in that
regard in this Notice of Motion.

¶12

2.A similar application was granted by an order
dated 5th December, 2006 in Notice of Motion No. 182
of 2006. There are no adverse change in circumstances
since then. The insolvent has been cooperating in the
insolvency proceedings. The previous order was
subject to certain conditions which have been complied
with. In the circumstances, there is no reason why
the application ought not to be granted.

¶13

3.Accordingly, conditional on (i) the insolvent

¶14

- 2 -

¶15

filing an undertaking before this Court within a
period of two weeks that he shall return to India on
or before 21st August 2009; (ii) the insolvent
depositing an amount of Rs.1 lac with the Official
Assignee as security and (iii) the insolvent
furnishing his contact address and telephone number in
U.S. and undertaking to inform the Official Assignee
of any change therein, the Motion is made absolute in
terms of prayer Clauses (a), (b) and (c).

The Official Assignee, High Court, Bombay. v. Nikhil Rasiklal Dalia, Insolvent, (Own Petition)

Case brief

What is this about?

What did the court decide?

The Official Assignee, High Court, Bombay. v. Nikhil Rasiklal Dalia, Insolvent, (Own Petition)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

Similar cases

Paints Employees Union Vs Kansai Nerolac Paints Ltd. and Another

Haji M.C. Abdul Kadar Vs Asst. Municipal Commissioner and Ors. and George David Pereira and Ors.

Sagar Majur Sahakari Sanstha (Proposed)and Ors. Vs the State of Maharashtra and Ors.

Priti Vinodchandra Mehta Vs Bharat R. Kothari and Ors.

Photos Photiades and Company Ltd. Vs Mr. Niranjan Gandhi and Ors.

P.M.Dwarkadas. Vs Rakesh Kapoor.