Citizen Credit Co-Op.Bank Ltd. v. John Robert Rodrigues
Case brief
What is this about?
The Bombay High Court disposed of motions to set aside adjudication orders. The court held that a recovery certificate under the Co-operative Societies Act does not constitute a decree and thus cannot sustain an insolvency notice under the Presidency Towns Insolvency Act, 1909.
What did the court decide?
The orders of adjudication dated 3 August 2004 were set aside against Insolvent Nos. 2 and 3. Insolvent Nos. 2 and 3 to pay Rs. 50,000 as costs to the Official Assignee.