On consent and payment of Rs. 4 lakh, the court set aside an ex-parte order, restored a summary suit, and disposed of the insolvency petition.
Notice of motion allowed; ex-parte order set aside; summary suit restored and disposed; insolvency petition disposed.
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.
nmis 18 of 2014 (924).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY
NOTICE OF MOTION NO.18 OF 2014 IN
INSOLVENCY PETITION NO.12 OF 2013
Chintan Satish Gandhi and Ors. … Applicants/Judgment Debtors and Chintan Satish Gandhi and Ors. … Judgment Debtors versus Hitesh Kantilal Shah … Petitioning Creditor
Mr. Hitesh Kantilal Shah, Petitioning Creditor, present in person. Mr. Chintan Satish Gandhi, Mr. Satish Hiralal Gandhi, Ms. Varsha Satish Gandhi, Insolvent Nos.1, 3 and 4 present. Mr M.D.Narvekar, Official Assignee, present.
CORAM: S.J. KATHAWALLA, J.
DATE: 16th SEPTEMBER, 2014
P.C.:
(a) this Hon'ble Court be pleased to set aside /cancel and/or terminate and/or rescind the Ex-Parte Order dated 21st January, 2014 passed by Lordship Justice
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S.J.Kathawalla, in Insolvency Petition No.12 of 2013 being Exhibit 2 hereto;
accordingly disposed of.
( S.J.KATHAWALLA, J. )
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1 issue framed by the court
Whether to set aside an ex-parte order and allow consent payment of debt to dispense with insolvency proceedings.
Chintan Satish Gandhi and Ors.
Hitesh Kantilal Shah
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
