The High Court of Judicature at Bombay made Rule Nisi absolute against the insolvent, Narendra Gokani, due to his failure to comply with an undertaking to file assets schedule and affidavits within six weeks.
Rule Nisi made absolute against the 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 INSOLVENCY JURISDICTION
INSOLVENCY RULE NISI NO. 7 OF 2013
IN
INSOLVENCY PETITION NO. 34 OF 2006
Re : Narendra Gokani ...Insolvent
Ex parte :
Famous cine Laboratory & Studios Ltd. …. Petitioning Creditor
The Official Assignee of Bombay ..... Petitioner
Mr. R. K. Thakkar, for Petition Creditor. MR. M. D. Narvekar, O. A. Present. Narendra Gokani, Insolvent in person.
CORAM : S. J. KATHAWALLA, J. DATE : APRIL 16, 2013
P.C.
Heard learned Counsel for the Petitioning Creditor.
On 5th March, 2013, the insolvent who was personally present before the Court gave an undertaking to the Court to file the schedule of Assets and Liabilities and to file affidavit with regard to other requisitions on or before 02/04/2013.
The insolvent has, even after Six weeks, not complied with the undertaking. The insolvent is personally present in Court. The insolvent has been avoiding to comply with the requisitions set out in the Rule Nisi.
In view thereof, the Rule Nisi is made absolute against the Insolvent. The Petitioning Creditor to initially deposit Rs. 2,000/- for diet charges.
( S. J. KATHAWALLA, J.)
1 issue framed by the court
Whether the insolvent's failure to comply with the undertaking to file assets schedule warrants making the Rule Nisi absolute.
The Official Assignee of Bombay
Narendra Gokani
S. J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
