Notice of Motion to annul adjudication order under section 21(1) of the Presidency-towns Insolvency Act, 1909, on grounds of full payment and official assignee ’s absence of objection.
Notice of Motion made absolute in terms of prayer clauses (a) and (b); order of adjudication annulled.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO. 5 OF 2012 IN
PETITION NO. 39 OF 1998
Re : Vishnukant Dhanraj Maheshwari @ Vishnukant Dhanraj Rathi.
…. Insolvent.
Ex-parte : Dinesh Devichand Jain …. Petitioning Creditor.
Mr. Anil P. Bagwe for Insolvent.
Petitioning Creditor and Advocate absent.
Mr. M.D. Narvekar, Official Assignee present.
CORAM : S.J. KATHAWALLA, J.
DATE : MARCH 6, 2012.
P.C. :-
By this Notice of Motion, the Insolvent has prayed that the order of adjudication dated 13th December 1999 passed against him be annulled under section 21(1) of the Presidency-towns Insolvency Act, 1909 on the ground of full payment.
In the affidavit in support of the Notice of Motion, it is alia stated that the Insolvent has filed his Schedule of Assets and Liabilities and save and except the liability disclosed therein, there are no other creditors. It is further stated that the well wisher of the Insolvent has
settled and paid the claim of the said creditor in full and final satisfaction.
The Official Assignee states that the well wisher of the Insolvent has lodged the receipt evidencing payment to the creditor and has also paid the requisite commission of the Official Assignee payable under the Act and that he has no objection if the reliefs prayed for in the Notice of Motion are granted.
In view of above, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b) with no order as to costs. Notice of Motion is accordingly disposed of.
S.J. KATHAWALLA, J.
1 issue framed by the court
Whether the order of adjudication against the insolvent in petition no. 39 of 1998 should be annulled on the ground of full payment.
1 provisions across 1 enactments
Vishnukant Dhanraj Maheshwari
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
