The court decided an insolvency petition where the insolvent remained absent despite being served with a rule nisi. The petitioner was granted a warrant of arrest against the insolvent who had failed to comply with requisitions.
Rule-nisi made absolute; warrant of arrest issued against insolvent.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY
RULE NISI NO. 2 OF 2011
IN
INSOLVENCY PETITION NO. 22 OF 2010
Re : Naresh Oberoi. …. An Insolvent. Ex-parte : Jaspal Singh Kohli. …. Petitioning creditor
The Official Assignee of Bombay.…. Petitioner.
CORAM : S.J. KATHAWALLA, J.
DATE : 7TH FEBRUARY 2012 .
Insolvent absent (though served).
Shri N.M. Shah for Petitioning Creditor.
Shri G.G. Ketkar, Dy. Official Assignee present. P.C.:
In the above matter, on the petition of the Official Assignee, the above Rule Nisi was issued against Insolvent abovenamed as he has not complied with the requisitions of the Official Assignee. Insolvent was served with the Rule Nisi. Accordingly, he appeared through his Advocate. On 18th October 2011, it was made clear to the Insolvent that if
he does not respond to the queries of the Official Assignee, he will take the consequences in law. Thereafter, Insolvent submitted that he wanted to settle the claims of creditors and discharge his debts and liabilities and the matter was adjourned for to-day.
To-day, Insolvent remained absent. Ld. Advocate for the Petitioning Creditor submits that inspite of assurance, the Insolvent has not settled his claim.
In view of above, Rule-Nisi is made absolute. Office to issue usual warrant of arrest against the Insolvent. Petitioning Creditor to deposit a sum of Rs.2,000/- with the Official Assignee towards diet charges.
S.J. KATHAWALLA, J.
The Official Assignee of Bombay
Naresh Oberoi
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
