The Bombay High Court recalled an order dismissing a Notice of Motion for failure to remove office objections, granting a three-week extension for removal under threat of dismissal without further reference.
Notice of Motion No.56 of 2016 restored on condition of removing office objections within three weeks.
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.
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18-NMIS14.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY
NOTICE OF MOTION NO. 14 OF 2017 IN
INSOLVENCY PETITION NO. 199 OF 2004
Ramavtar Gupta & Anr. ..... Applicants/ Insolvents IN THE MATTER OF Sicom Private Ltd. & Anr. ….. Petitioners VERSUS Ramavtar Gupta & Anr. ….. Insolvents
Mr.Satish S.Raut for the Petitioning Creditor.
Mr.Dipak Singh, i/b. Mr.Ravi P.Jadhav for the Applicants/Insolvents. Mr.E.B.Sivakumar, Deputy Official Assignee present.
CORAM : R.D. DHANUKA, J. DATE : 4th APRIL, 2017
P.C .
Learned counsel appearing for the applicants states that the office objections in the Notice of Motion (L) No.56 of 2016 could not be removed within the time prescribed due to unavoidable circumstances and states that the same will be removed within three weeks from today. Statement is accepted. It is made clear that no further extension would be granted.
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18-NMIS14.17
(R.D.DHANUKA, J.)
2 issues framed by the court
Whether the dismissal of Notice of Motion No.56 of 2016 for non-removal of office objections should be recalled due to unavoidable circumstances.
Whether the insolvent is granted a time extension to remove office objections from the filed notice of motion.
Sicom Private Ltd. & Anr.
Ramavtar Gupta & Anr.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
