On the petitions of Insolvents failing to attend private examination and comply with the Official Assignee, the Court made the Rule Nisi absolute and ordered their commitment to jail for evasion.
Rule Nisi made absolute; Insolvents directed to be committed to jail for failure to cooperate and attend examination.
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.
irn3-16.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
RULE NISI NO. 3 OF 2016 IN
INSOLVENCY PETITION NO. 8 OF 2015
Re: Navin Gupta & Anr. ...Insolvents Ex-parte: Choithram Galomal Sewlani ...Petitioning Creditor And Official Assignee of Bombay ...Petitioner
Ms. K.S. Lalwani, for the Petitioning Creditor.
Mr. M.D. Narvekar, O.A. present.
CORAM : S.C. GUPTE, J.
NOVEMBER 15, 2016
P.C. :
. In this Insolvency Petition Rule Nisi has been issued against Insolvent Nos. 1 and 2 for not having attended private examination or complied with the requisition of the Official Assignee. Several attempts have been made by the Official Assignee to serve the Rule Nisi on the Insolvents. This Court has also passed several orders, including a pasting order in respect of the Rule Nisi. The Official Assignee has filed affidavits to that effect. The reports presented by the bailiff and the Office of the Official Assignee indicate that the Insolvents have refused to accept service. Before any further orders could be passed on the Rule Nisi, this Court by its order dated 4 October 2016, also directed the Official Assignee to intimate the
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irn3-16.doc
Insolvents of the issuance of Rule Nisi and the next date of hearing by e- mail along with the consequences of their refusal to accept notice and the likelihood of stringent orders being passed. It appears from the further report presented by the Official Assignee that the e-mail was received by Insolvent No.2 and the e-mail sent to the e-mail id of Insolvent No.1 has bounced back. None of the Insolvents is present today. It appears that the Insolvents are clearly evading service and refusing to comply with the notice of Rule Nisi. Accordingly, the Rule Nisi is made absolute and the Insolvents are directed to be committed to jail for failure to attend the private examination touching their estate and affairs before the Official Assignee and also for not complying with the requisitions of the Official Assignee and not cooperating with him in the Insolvency proceedings. The local police station is directed to assist the Official Assignee for compliance with this order. The Petitioning Creditor is directed to deposit diet charges of Rs.2000/- each to the office of the Official Assignee.
( S.C.GUPTE J. )
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1 issue framed by the court
Whether Rule Nisi should be made absolute against Insolvents for failing to attend private examination or comply with Official Assignee requisitions despite refusing service.
1 provisions across 1 enactments
Navin Gupta & Anr.
Choithram Galomal Sewlani
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
