The court allowed a notice of motion to set aside an insolvency notice. The judgment creditor waived objections as payments were made under a settlement between the parties.
Notice of Motion made absolute in terms of prayer clause (a) to set aside insolvency notice.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
IN ITS INSOLVENCY JURISDICTION
NOTICE OF MOTION NO.38 OF 2009 IN
INSOLVENCY NOTICE NO.N/18 OF 2009
Damodar S. Mudaliar
..Judgment Debtor.
Gerard Nigel Pereira
..Judgment Creditor.
Mr. Kishore P. Jain i/b Mr. M.P. Vashi for the Judgment Creditor. Mr. Damodar S. Mudaliar – Judgment Debtor present in person.
CORAM: DR. D.Y. CHANDRACHUD, J.
3rd November, 2009.
P.C. :
Both the parties are present before the Court. Counsel
appearing on behalf of the Judgment Creditor states that his client
has no objection to the insolvency notice being set aside since payments have been made in pursuance of the understanding
arrived at between the parties. In the circumstances, the Notice of
Motion is made absolute in terms of prayer clause (a).
Damodar S. Mudaliar
Gerard Nigel Pereira
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
