In an ex-parte Insolvency Petition, the High Court of Judicature at Bombay, relying on uncontroverted facts of alleged insolvency via non-compliance with an Insolvency Notice, allowed the petition for adjudication against the debtors and disposed of the matter.
Order of adjudication against the Debtors as prayed in prayer clause (a).
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY INSOLVENCY PETITION NO.15 OF 2014
Rajesh Shah, Partner of M/s.Shah Bector and Sons and Anr.
… Debtors
Ex-Parte :
Mr. Pramod Drolia, Sole Prop. of M/s. Omkar Polyplast
… Petitioning Creditor
Mr. Girish Kedia, for Petitioning Creditor. None for Judgment Debtor.
CORAM: S.J. KATHAWALLA, J. DATE: 19th AUGUST, 2014.
P.C.:
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Debtors on 18-02-2014. The Debtors failed and neglected to pay any amount
as called for or to take out any proceedings for setting aside the Insolvency Notice within the stipulated time, thereby committing an act of Insolvency on 26-03-2014.
and submissions made before the Court on his behalf have remain uncontroverted.
(a) an order of adjudication may be made by this Hon'ble Court against the Debtors.
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( S.J.KATHAWALLA, J. )
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Mr. Pramod Drolia, Sole Prop. of M/s. Omkar Polyplast
Rajesh Shah, Partner of M/s. Shah Bector and Anr.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
