M/s.Todi Exports, v. Mr.B.Joshi
Case brief
What is this about?
Insolvency Judge set aside an Insolvency Notice because the underlying exparte decree was already nullified in a related summary suit and no new summons for judgment was filed despite liberty being granted.
What did the court decide?
Insolvency Notice No.19 of 2011 dated 8 September 2011 is set aside.
What the court decided
A compact analysis
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.
1
15NM50-11
Sequeira
IN THE HIGH COURT OF JUDICATURE AT BOMBAY INSOLVENCY JURISDICTION
NOTICE OF MOTION NO. 50 OF 2011 in
INSOLVENCY NOTICE NO.19 OF 2011
| Re. Shri K.B.Joshi |
.. Judgment Debtor |
|---|---|
| Ex-parte M/s Todi Export. |
.. Judgment Creditor |
Mr.Vijay Badgujar i/b Singhania Legal Services, for judgment debtor. Judgment creditor & advocate absent (though served).
CORAM : N.M. JAMDAR J. Tuesday 05 February, 2013
P.C.:
This Notice of Motion is taken out by the Judgment Debtor with a prayer that Insolvent Notice No.19 of 2011 dated 8 September 2011 be set aside.
Issues for consideration
2 issues framed by the court
Whether the Insolvency Notice based on an exparte decree that has been set aside can remain in force.
Whether the lack of a fresh summons for judgment or an appeal against the setting aside of the exparte decree warrants setting aside the insolvency notice.
Parties & counsel
- petitioner
Shri K.B. Joshi
- respondent
M/s Todi Export
Coram
N.M. Jamdar
Case details
As recorded by the court registry
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