The High Court of Bombay allowed a motion to annul the Order of Adjudication declaring the insolvents, as all claims against them were settled, permitting the Official Assignee to deduct commission charges.
The Notice of Motion is made absolute in terms of prayer clause (a) and (b); Official Assignee authorised to deduct commission charges.
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 ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 10 OF 2013 IN
INSOLVENCY PETITION NO. 65 OF 2004
Re : Subhash S. Mithabavkar & Anr............Insolvents
Ex Parte :-
Hiralal S. Parmar...........................................Petitioning Creditor
Shri Ramesh C. Jain, Advocate for Petitioning Creditor Shri A. P. Bagwe, Advocate for Insolvents. Shri M. D. Narvekar, Official Assignee present.
CORAM : SHRI S. J. KATHAWALLA, J. DATE : 16th April, 2013.
P.C.
This is a motion for annulling and setting aside the Order of Adjudication that was passed on 21st December 2004 declaring the debtor as Insolvents. It is stated that all the claims against the insolvents have been duly settled. There are no pending claims. Mr. Bagwe, Advocate appearing for the Insolvents submits that the claim of the Petitioning Creditor Mr. H. S. Parmar has been duly settled.
Mr. Ramesh Jain appearing for the Petitioning Creditor submits that the claim of Petitioning Creditor is fully satisfied. The Official Assignee states that barring the creditor whose name is shown in the affidavit in support, there are no claims pending against the insolvents.
..2..
..2.. NMS 10 OF 2013 IN INPT 65 OF 2004
In the circumstances, the Notice of Motion is made absolute in terms of prayer clause (a) and (b). The Official Assignee is authorised to deduct the commission charges as per rule 180 of the “Bombay Insolvency Rules, 1910”.
(S. J. KATHAWALLA J)
1 issue framed by the court
Whether to annul and set aside the Order of Adjudication declaring the insolvents
Subhash S. Mithabavkar & Anr
Hiralal S. Parmar
S. J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
