The High Court of Bombay, in an insolvency-related Notice of Motion, dismissed the petition with liberty to file a fresh application, citing insufficient time since a prior order and a condition requiring a deposit by the insolvent's son.
Notice of Motion dismissed with liberty to file a fresh Notice of Motion.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VP H
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION No.6 OF 2009
IN
INSOLVENCY PETITION No.24 OF 1952
Jaswantlal Manilal Shah...Petitioner
Vs
Jugalkishore Dwarkadas Seksaria ...Respondent
(deceased)
Mr. K. J. Somane, for the petitioner.
Mr. A. P. Kothari, for Dept. of Official Assignee.
CORAM: S. J. VAZIFDAR, J.
DATED: MARCH 17, 2009.
P.C.:
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.It is a condition of the order dated 3rd
April, 2007 that the son of the insolvent shall
deposit a sum of Rs.42,50,000/- to secure the debts of
the insolvent. Not even 3 years have passed since the
order of annulment. In the circumstances, the Notice
of Motion is dismissed with liberty to take out a
fresh Notice of Motion.
2 issues framed by the court
Whether the Notice of Motion in the insolvency proceedings should be dismissed considering the recent annulment order.
Whether the petitioner is granted liberty to approach the court with a fresh Notice of Motion.
Jaswantlal Manilal Shah
Jugalkishore Dwarkadas Seksaria
S. J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court