The Bombay High Court, Bombay Bench, marked two Notices of Motion as absolute upon the filing of consent terms by the judgment creditors and debtors, terminating the insolvency proceedings.
Both Notices of Motion (No.52 of 2008 and No.19 of 2009) were made absolute in terms of the consent terms filed.
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
ORDINARY ORIGINAL CIVIL JURISDICTION
Notice of Motion No.52 of 2008
with
Notice of Motion No.19 of 2009
in
Insolvancy Notice No.44 of 2008
Re: 1 M/s Sunil Silk Mills
and others ..Judgment debtors
Mr.Hasmukh Hansraj Gala ..Judgment Creditor
Mr.Manoj Bhatt for Judgment creditor
Mr.P.A.Mhatre i/b Thakore Jariwala and
Associates for judgment debtor nos. 2 and 3
CORAM: S.J.KATHAWALLA J.
4th August, 2009
P.C.
1Learned Advocates appearing for the
petitioning creditors as well as the judgment
debtors have informed the Court that consent
terms dated 22nd January, 2009 have been
filed between the parties in Appeal (Ld) No.
1304 of 2005 in Notice of Motion No.3017 of
2005 and 2501 of 2002 in Summons for Judgment
No.596 of 2002 in Summary Suit No. 1295 of
2000 and in view of the said consent terms
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the claim of the judgment creditors against
the judgment debtors does not survive. Hence,
both the Notices of Motion are made absolute
in terms of prayer clause (a).
M/s Sunil Silk Mills and others
Mr. Hasmukh Hansraj Gala
S.J. KATHAWALLA
As recorded by the court registry
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