Allowed

Kulwant Singh Prehlad Singh Kohli v. Amarpreet Kaur Chadha and Jitenderpal Singh S. Chadha

Bombay HC4 Sept 2018OAR/6/2018

Case brief

AI extract

What is this about?

The Insolvency Bench allowed the Official Assignee's report regarding the breaking open of a locker belonging to insolvents to inventory articles, permitting safe custody of items if the locker could not be repaired, and directing the petitioning creditor to bear associated expenses.

What did the court decide?

Official Assignee allowed to break locker, keep articles in safe custody if locker unrepaired, petitioner to bear expenses.

Kulwant Singh Prehlad Singh Kohli Vs Amarpreet Kaur… — Insolvency and Bankruptcy | Bombay HC (2018)

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17.oar.6.2018.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION

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OFFICIAL ASSIGNEE'S REPORT NO. 6 OF 2018 IN INSOLVENCY PETITION NO. 6 & 9 OF 2017

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Re : Amarpreet Kaur Chadha and Jitenderpal Singh S. Chadha

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….Insolvents

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Ex-parte :

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Kulwant Singh Prehald Singh Kohli Kuldip Singh Gopal Singh Chadha

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… Petitioning Creditor

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Ms.Kavita S. Lalwani for petitioning creditor.

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Mr.A.P.Bagwe for insolvents.

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Mr.E.G. Shivkumar, Deputy Official Assignee present.

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CORAM : K.R.SHRIRAM, J. DATE : 4^TH SEPTEMBER, 2018

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P.C.:

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1 At the outset, Shri Bagwe undertakes to file Vakalatnama on behalf of insolvents.

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2 Heard the Deputy Official Assignee and Shri Bagwe and Ms.Lalwani.

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3 Official Assignee's Report is allowed in terms of prayer clauses (a), (b)

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and (c) which read as under :-

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(a) That this Hon'ble High Court may be pleased to allow the Official Assignee to break-open the Locker No.2/H/143 standing in the name of Insolvent No.1, viz., Amarpreet Kaur Chadha, with the help of the Technician of concerned Locker Manufacturing Company in order to make inventory of articles, things etc. lying in the said Locker and thereafter to keep back the articles in the Locker that may be provided

Shraddha Talekar, PS

17.oar.6.2018.doc

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by the Saraswat Co-operative Bank Limited;

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(b) That this Hon'ble Court may be pleased to permit the Official Assignee to keep said Inventorised articles and things in safe custody of the Official Assignee, in the event, the said Locker No.2/H/143 could not be repaired and no other Locker is provided by the Saraswat Cooperative Bank Ltd.

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(c) That this Hon'ble Court may be pleased to direct the petitioning creditor and/or the well-wisher of the Insolvents to bear the expenses to break-open the Locker No.2/H/143.

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If the locker is found to be empty, then the Official Assignee is permitted to surrender the locker to Saraswat Co-operative Bank so that the

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locker rent is saved.

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4 Official Assignee's Report disposed.

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(K.R. SHRIRAM, J.)

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Shraddha Kamlesh Talekar

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Digitally signed by Shraddha Kamlesh Talekar Date: 2018.09.06 19:48:27 +0530

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Shraddha Talekar, PS

Kulwant Singh Prehlad Singh Kohli v. Amarpreet Kaur Chadha and Jitenderpal Singh S. Chadha

Case brief

What is this about?

What did the court decide?

Kulwant Singh Prehlad Singh Kohli v. Amarpreet Kaur Chadha and Jitenderpal Singh S. Chadha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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