The High Court of Judicature at Bombay allowed the withdrawn insolvency petition filed by petitioning creditors against the debtor after the creditors submitted that the debtor had paid the dues.
The insolvency petition is allowed to be withdrawn and disposed.
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.
1 23 inpt 3-22-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS INSOLVENCY JURISDICTION
INSOLVENCY PETITION NO.3 OF 2022
Re:
Devichand Fozmal Jain … Debtor
Sunil Gunvantlal Shah and ors. … Petitioning Creditors
Ms. Mahek Jain with Mr. J. Prakash i/by M/s Kiran Jain and Company,
Advocates for the Petitioning Creditors.
Ms. Devanshi Bafna i/by M/s S.K. Legal Associates LLP, Advocate for the
Debtor.
Ms. M.R. Parkar, Insolvency Registrar present.
-------
CORAM :ABHAY AHUJA, J.
DATE :16 JANUARY, 2024.
P.C.:
1. Ms. Mahek Jain, learned counsel appears for the Petitioning
Creditor and seeks to withdraw the Petition submitting that Judgment
Debtor has paid the Petitioning Creditors.
2. Petition is accordingly allowed to be withdrawn and disposed as
such.
Digitally signed PRIYARAJESHSOPARKAR by PRIYARAJESHSOPARKARDate:2024.01.18 10:31:41 +0530
(ABHAY AHUJA, J.)
1 of 1
Priya R. Soparkar
1 issue framed by the court
Whether the insolvency petition for winding up the debtor can be withdrawn if the debt is paid.
Sunil Gunvantlal Shah and ors.
Devichand Fozmal Jain
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court