On an insolvent's motion seeking recall of a committal warrant, the court allowed the release of the insolvent upon his undertaking to cooperate with the Official Assignee, warning of re-commitment for any further default.
Warrant of committal recalled, cancelled and set aside; Insolvent released on undertaking to cooperate with the Official Assignee.
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103-NMIS15-16.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO. 15 OF 2016
IN
INSOLVENCY PETITION NO. 11 OF 2012
Re: N. J. Choudhary, i.e., Narayanlal Jodhaji
Choudhary
…Insolvent
Ex-parte:
M/s. Ravi Steel Industries…Petitioning
Creditor
Mr. Manoj Angre, i/b girish B. Kedia, for the Petitioning Creditor.
Mr. Anil P. Bagwe, for the Insolvent.
Mr. M. D. Narvekar, Official Assignee, present.
CORAM: G.S. PATEL, J DATED: 15th March 2016
PC:-
1.This is a Motion by the Insolvent seeking that the warrant of
committal for contempt issued on 24th July 2015 be recalled,
cancelled and set aside and that the Insolvent be released on the
terms that this Court finds appropriate. I have seen the Affidavit in
Support of this Notice of Motion. There is no doubt that the
Insolvent was extremely obstructive and non-cooperative and it was
because of this that the Warrant of Committal for Contempt was
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103-NMIS15-16.DOC
issued. The Insolvent was arrested on 13th January 2016 and placed
in the custody of the Byculla Civil Prison, Mumbai. He has been
there since.
2.Mr. Bagwe for the Insolvent says that the Insolvent will
subject himself to such conditions as this Court may think fit. It is
made clear that it is a condition for the grant of this Motion that the
Insolvent will, without fail, make himself available as and when
required by the Official Assignee. It is understood that the Official
Assignee will give the Insolvent reasonable notice, but having said
that, this does not mean that the Insolvent can either remain absent
or be non-cooperative. Mr. Bagwe, therefore, in addition ensures
the Court of the Insolvent’s co-operation from this point onwards.
3.This statement is to be found in paragraphs 6, 7 and 8 of the
Affidavit in Support. I accept the undertakings given in paragraphs
6 and 8 in particular. Subject to those, the Notice of Motion is made
absolute in terms of prayer clause (a).
4. All concerned to act on an authenticated copy of this order.
5.It is also made clear to the Insolvent that should there be
even one more reported failure or default on his part, he will be
committed for contempt, and this time an application for release
will not be readily entertained.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether the warrant of committal for contempt against the insolvent should be recalled and the motion for release allowed.
M/s. Ravi Steel Industries
Narayanlal Jodhaji Choudhary
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court