The High Court of Bombay dismissed a notice of motion in an insolvency petition as withdrawn by the petitioner on account of fresh claims arising against the applicant.
Notice of motion dismissed as withdrawn with liberty to file fresh notice of motion.
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.
5.nmis.37.2017.inpt.20.2016.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO. 37 OF 2017 IN
INSOLVENCY PETITION NO. 20 OF 2016
Karakal Varghese ….Applicant IN THE MATTER BETWEEN : Mr.Karakal Varkey Varghese ...Insolvent
Ex-parte :
M/s. Shreenathji Steel Yard Pvt. Ltd. ...Petitioning Creditor And Official Assignee of Bombay High Court ….Respondent
Mr.Manoj Angre I/b Girish Kedia for petitioning creditor. Mr.Atul S. Singh for insolvent. Mr.E.B. Sivakumar, Deputy Official Assignee present.
CORAM : K.R.SHRIRAM, J. DATE : 4TH SEPTEMBER, 2018
P.C.:
After lodging this notice of motion and filing of an affidavit in reply, some fresh claims have come up against applicant. Unless those claims are adjudicated, the question of passing any order in this notice of motion does not arise. Therefore, Shri Angre seeks leave to withdraw this notice of motion with liberty to file fresh notice of motion at the appropriate stage.
Notice of motion dismissed as withdrawn with liberty as sought.
Shraddha Kamlesh Talekar
(K.R. SHRIRAM, J.)
Digitally signed by Shraddha Kamlesh Talekar Date: 2018.09.06 18:12:54 +0530
Shraddha Talekar, PS
Karakal Varkey Varghese
M/s. Shreenathji Steel Yard Pvt. Ltd. And Official Assignee of Bombay High Court
K.R. SHRIRAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
