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Ramanlal Jethalal Prajapati v. Shashikant Bhagat

Bombay HC19 Mar 2013INPT/23/2012

Case brief

AI extract

What is this about?

This judgment makes an insolvency petition absolute after the judgment debtor failed to appear, file a Vakalatnama, or challenge the insolvency notice despite earlier undertaking to settle dues. The court deemed the petitioning creditor's averments as accepted.

What did the court decide?

The Insolvency Petition was made absolute in terms of prayer clauses (a) and (b) after the Judgment Debtor failed to appear or file Vakalatnama.

Ramanlal Jethalal Prajapati Vs Shashikant Bhagat — Insolvency and Bankruptcy | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INSOLVENCY PETITION NO. 23 OF 2012

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Ex-parte : Ramanlal J. Prajapati. ..Petitioning Creditor.

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Shashikant Bhagat ..Debtor.

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Mr. Girish Kedia for the petitioning creditor.

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Coram : RANJIT MORE, J. Date : March 19, 2013 .

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P. C. :

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Heard the learned Counsel for the petitioning creditor. The decree was passed by this cour tin Summary Suit No. 1408 of 2011 on 19^th October 2011 directing the judgment debtor to pay to to the petitioning creditor an amount of Rs.4,85,225/- and interest @ 12% p.a. from 1/1/2012. Insolvency Notice No. N/7 of 2012 was issued on 15/03/2012 and it was served on the debtor on 21/08/2012 by way of substituted service. The judgment debtor has neither filed any proceedings for setting aside the said notice nor complied with the said notice. Hence act of insolvency is complete on

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26/09/2012. the petitioning creditor is presented the petition on 12/12/2012. Matter was thereafter placed on board on 5/2/2013 on which date debtor was personally present in the Court and after hearing him, the Court passed following order :

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“Learned counsel appears for the Judgment Debtor and seeks time. The learned counsel undertakes to file his Vakalatnama during the course of this week.

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Learned counsel for the Judgment Debtor, on instructions, from the Debtor who is present in the Court, states that the adjournment is sought because the Debtor is willing to settle the dues of the petitioning creditor, and will finalise the modalities. 3. Stand over to 19^th March 2013.”

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Despite undertaking given to this Court, neither vakalatnama is filed by the counsel appearing on behalf of the debtor, nor today he is present in the Court. The averments made in the petition are, therefore, deemed to have been accepted by the Judgment Debtor. The petition is accordingly made absolute in terms of prayer clauses (a) and (b).

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[RANJIT MORE, J.]

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Ramanlal Jethalal Prajapati v. Shashikant Bhagat

Case brief

What is this about?

What did the court decide?

Ramanlal Jethalal Prajapati v. Shashikant Bhagat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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