Vardhman Developers Ltd. v. Ravikiran Aggarwal and Anr.
Case brief
What is this about?
This Court set aside an order adjudging debtors as insolvents and restored the insolvency petitions to the learned Single Judge. The Court held, by consent of parties, that the lower judge relied on the Provincial Insolvency Act, 1920 instead of the Presidency Towns Insolvency Act, 1909. A fresh decision is required.
What did the court decide?
The impugned order is set aside and the insolvency petitions are restored to the file of the learned Single Judge for a decision afresh in accordance with law.
What the court decided
916&917-APPL.424.2019+1.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO. 424 OF 2019 IN INSOLVENCY PETITION NO. 21 OF 2019
WITH
NOTICE OF MOTION (L) NO. 856 OF 2019
Vardhman Developers Limited } Appellant
versus
Ravikiran Agarwal and Anr. } Respondents
WITH APPEAL (L) NO. 425 OF 2019 IN INSOLVENCY PETITION NO. 22 OF 2019
WITH
NOTICE OF MOTION (L) NO. 858 OF 2019
Vardhman Developers Limited } Appellant
Issues for consideration
3 issues framed by the court
Whether the learned Single Judge applied the correct statutory provisions distinguishing between the Presidency Towns Insolvency Act, 1909 and the Provincial Insolvency Act, 1920.
Whether the decision below was based on a distinction that was not brought to the notice of the learned Single Judge.
Whether the appeals should be disposed of on merits or remanded for a fresh decision in accordance with the applicable law.
Parties & counsel
- appellant
Vardhman Developers Limited
- respondent
Ravikiran Agarwal
- respondent
Pujit Ravikiran Aggarwal
Coram
Case details
As recorded by the court registry
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