Application under Section 21(2) of the Presidency Towns Insolvency Act, 1909 to quash adjudication was dismissed as withdrawn pending pending decision of Supreme Court on interpretative reference.
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NMIS 42 of 2013 (907)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY
NOTICE OF MOTION NO.42 OF 2013 IN INSOLVENCY PETITION NO.53 OF 2000
Daljit Singh Kamboj
.....Applicant/Insolvent
Versus
Hindustan Petroleum Corporation Ltd. and Ors.
.....Respondents
Mr. Nilesh Modi i/by M/s. Rustomji Ginwala, for Petitioning Creditor. Mr. K.J.Somane, for Insolvent.
Mr. M.D.Narvekar, Official Assignee, present.
CORAM: S.J.KATHAWALLA, J. DATE: 21st JANUARY 2014
P.C. :
Patheja V/s. I.C.D.S.1 wherein it was held that the Insolvency Notice
1 AIR 2007 SC 168
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NMIS 42 of 2013 (907)
cannot be issued under Section 9(2) of the said Act on the basis of an arbitration award.
“In our considered opinion, it would be appropriate to wait for the decision of the larger Bench arising from S.L.P (Civil) No.23495 of 2007 and hence we adjourn this Appeal for two months. Stand over to 5th March, 2010”.
Division Bench of this Court and by an order dated 07-06-2010 when liberty was granted to the parties to move the Court after the said reference made to the larger Bench was decided by the Hon'ble Supreme Court.
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to the Applicant/Insolvent to file a fresh Notice of Motion if so advised after the issue raised in the said Reference is answered by the Hon'ble Supreme Court.
( S.J.KATHAWALLA, J. )
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Colour shows how this judgement treated each authority
Paramjeet Singh Patheja V/s. I.C.D.S.Referred¶13
Paramjeet Singh Patheja V/s. I.C.D.S. AIR 2007 SC 168 · Who else cites this
1 provisions across 1 enactments
Daljit Singh Kamboj
Hindustan Petroleum Corporation Ltd.
S.J.Kathawalla
As recorded by the court registry
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