Allowed

Pramod Champaklal Ghelani v. Mr. Chetan Uttamlal Shah

Bombay HC20 Nov 2012MPIN/2/2012

Case brief

AI extract

What is this about?

The High Court at Bombay granted leave to a petitioning creditor to continue pending legal proceedings in a co-operative court against an insolvent under section 17 of the Presidency Towns Insolvency Act, 1909, following the Official Assignee's objection waiver.

What did the court decide?

Leave granted to the Petitioning-Creditor to continue with pending legal proceedings in Case no. CC/III/801/1996 before the IIIrd Co-operative Court at Mumbai.

Pramod Champaklal Ghelani Vs Mr. Chetan Uttamlal Shah — Insolvency and Bankruptcy | Bombay HC (2012)

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14-mpin-2-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY

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PETITION NO. 2 OF 2012 IN

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INSOLVENCY PETITION NO.11 OF 2003

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Mr. Chetan Uttamlal Shah	..	Insolvent
Ex-parte:
Pramod Champaklal Ghelani And	..	Petitioning Creditor
Abhyudaya Bank And	..	Petitioner
The Official Assignee of Bombay	..	Respondent.

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Ms. Merlyn Monteiro, for the Applicant/Insolvent. Mr. M. D. Narvekar, Official Assignee, present.

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CORAM: N.M.JAMDAR,J. DATE : NOVEMBER 20, 2012

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P.C:-

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By this application, Petitioning-Creditor has sought the

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following prayer:-

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“ That this Hon'ble Court may be pleased to grant Leave to the Petitioner under section 17 of the Presidency Towns Insolvency Act, 1909 to implead the Official Assignee, High Court, Bombay, as representing the Insolvent above named and/or grant Leave to continue the pending legal proceedings in Case no. CC/III/801/1996 filed and pending before the IIIrd Co-operative Court at Mumbai.”

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S.R.JOSHI

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2 At the hearing, the learned Counsel for the PetitioningCreditor states that she is not pressing for the first part of the prayer i.e. seeking leave to implead Official Assignee as representing the Insolvent but would press for the second part of the prayer namely to grant leave to continue pending proceedings in Co-operative Court. Official Assignee has no objection to grant this request. Accordingly, leave is granted to the Petitioning-Creditor to continue with the pending legal proceedings in Case no. CC/III/801/1996 filed and pending before the IIIrd Co-operative Court at Mumbai.

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3 Petition is accordingly disposed of.

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(N.M.JAMDAR,J.)

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S.R.JOSHI

Pramod Champaklal Ghelani v. Mr. Chetan Uttamlal Shah

Case brief

What is this about?

What did the court decide?

Pramod Champaklal Ghelani v. Mr. Chetan Uttamlal Shah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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