The court discharged an insolvency rule nisi on the insolvent's undertaking to comply with requisitions of the Official Assignee office. The court noted a dispute regarding whether the petitioning creditor had been paid off and directed evidence to be furnished.
Rule Nisi discharged subject to undertaking.
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1 7 irn 2-24 in inpt 16-16-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS INSOLVENCY JURISDICTION
INSOLVENCY RULE NISI NO.2 OF 2024
IN
INSOLVENCY PETITION NO.16 OF 20 16
Re: Navin G. Hotkar… Insolvent
Ex-parte:-
Naresh Gopaldas Valecha… Petitioning Creditor
Vs.
Official Assignee of Bombay… Petitioner
Mr. Ramesh Jain, Advocate for the Insolvent.
Mr. Navin G. Hotkar, Insolvent present.
Ms. C. J. Bhatt, Official Assignee with Mr. Arun Kesarkar, Deputy Official
Assignee and Mr. Subodh Patil, 1st Assistant Official Assignee present.
Ms. M. R. Parkar, Insolvency Registrar present.
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CORAM : ABHAY AHUJA, J. DATE : 16 JANUARY, 2024.
P.C.:
1. This Rule Nisi has been issued as the Insolvent was not appearing
Digitally signed byPRIYA PRIYARAJESHSOPARKAR RAJESHSOPARKARDate: 2024.01.18 11:41:03 +0530
before the office of the official Assignee and also has not complied with
the requisitions.
1 of 2
Priya R. Soparkar
2 7 irn 2-24 in inpt 16-16-os.doc
2.Mr. Jain, learned counsel appears for the Insolvent. The Insolvent is
also present in Court. The Insolvent Mr. Navin G. Hotkar undertakes that
he will remain present before the office of the Official Assignee as and
when the dates are fixed and also comply with the requisitions and
objections raised by the said office. Mr. Jain submits that the Petitioning
Creditor has been paid off. However, the learned Official Assignee submits
that the same is not correct and evidence of the same be furnished before
the office.
3.Be that as it may, based on the undertaking of the Insolvent to
remain present and to comply with the requisitions and the objections
of the office of the Official Assignee, the Rule Nisi is discharged.
(ABHAY AHUJA, J.)
2 of 2
Priya R. Soparkar
Navin G. Hotkar
Naresh Gopaldas Valecha
Official Assignee of Bombay
ABHAY AHUJA
As recorded by the court registry
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