This court set aside the order adjudging Bhavesh Vasanji Gala as insolvent after he proved all claims were settled. An official assignee was authorized to deduct commission charges as per Bombay Insolvency Rules Rule 180.
The Notice of Motion was made absolute annulling the Order of Adjudication.
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. 12 OF 2013
IN INSOLVENCY PETITION NO. 28 OF 2004
Re : Bhavesh Vasanji Gala.............Insolvent
Ex Parte :-
Mulchand M. Sangoi...........................................Petitioning Creditor
Shri M. D. Narvekar, Official Assignee present. Bhavesh Vasanji Gala, Insolvent present in person.
CORAM : S. J. KATHAWALLA, J. DATE : 22nd April, 2013.
P.C.
This is a motion for annulling and setting aside the Order of Adjudication that was passed on 21st September 2004 declaring the debtor as Insolvent. It is stated that all the claims against the insolvent have been duly settled. There are no pending claims. The Insolvent submits that the Petitioning Creditor Shri Mulchand N. Sangoi, whose name is shown in the affidavit in-support is the only creditor and his claim has been duly settled.
The Insolvent states that this Notice of Motion has been duly served upon the Petitioning Creditor. The Official Assignee states that barring the creditor whose name is shown in the affidavit in support, there are no claims pending against the insolvent.
..2..
..2.. NMS 12 OF 2013 IN INPT 28 OF 2004
In the circumstances, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). However, the Official Assignee is authorised to deduct the commission charges as per rule 180 of the “Bombay Insolvency Rules, 1910”. The Notice of Motion is accordingly disposed of.
(S. J. KATHAWALLA J)
1 issue framed by the court
Whether the Order of Adjudication declaring the debtor insolvent should be set aside upon payment of all claims.
1 provisions across 1 enactments
Bhavesh Vasanji Gala
Mulchand M. Sangoi
S. J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
