Disposed

Ashok Mohansing Bajaj v. Harshad S. Mehta and Richa Mehta

Bombay HC2 Apr 2024OAR/4/2024

Case brief

AI extract

What is this about?

Official Assignee's report in insolvency proceedings regarding two flats e-auctioned by Bank of Baroda as secured creditor. Bank's counsel sought time to file an affidavit of apology for not furnishing information to the Official Assignee despite reminders; matter adjourned.

What did the court decide?

Time granted to Bank of Baroda to file affidavit of apology and undertaking; matter listed on 16 July 2024.

Ashok Mohansing Bajaj vs Harshad S. Mehta and Richa… — Insolvency and Bankruptcy | Bombay HC (2024)

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25-OAR-4-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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OFFICIAL ASSIGNEE’S REPORT NO. 4 OF 2024 IN

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INSOLVENCY PETITION NO. 30 OF 2018

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HARSHAD SHANTILAL MEHTA AND ANR. )…INSOLVENTS

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EX-PARTE :

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ASHOK MOHANSING BAJAJ )...PETITIONING CREDITOR THE OFFICIAL ASSIGNEE OF BOMBAY ) HIGH COURT, BOMBAY )… PETITIONER

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Ms.K.S.Lalwani, Advocate for the Petitioning Creditor.

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Mr. Anil Bagwe, Advocate for the Insolvents.

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Mr.Chandresh Rao i/by S.K.Singhi & Partners LLP, Advocate for the Bank of Baroda.

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Ms. C.J. Bhatt, Official Assignee a/w Mr. Subodh Patil, Deputy Official Assignee, present in Court.

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Ms. M.R. Parkar, Insolvency Registrar, present in Court.

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CORAM : ABHAY AHUJA, J. DATE : 2^nd JULY 2024

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P.C. :

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Pursuant to earlier orders of this Court, today when the matter is

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called out, Mr.Rao, learned Counsel, appears for the Bank of Baroda and submits that although an affidavit has been filed on behalf of the

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25-OAR-4-2024.doc

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bank, setting out the fact that the Flats no.1303 and 1304 located on A1-A2 Wing of Shankeshwar Tower CHS, 13^th floor, Sudha Park, Shanti Path, Goradianagar, Near Eastern Express Highway, Ghatkopar (East), Mumbai – 400 077, had been e-auctioned on 30^th May 2023 and the sale certificate to the auction purchaser is dated 28^th September 2023 and only Rs.5,06,00,000/- have been recovered leaving an outstanding of Rs.49,86,00,870/- and that all these steps were taken by the bank as a secured creditor, however, since the affidavit does not contain an apology from the bank for not having abided by the orders of this Court and furnished information to the learned Official Assignee, despite several reminders, some time be granted, so that an appropriate affidavit of apology and an undertaking not to disobey the orders of this Court in future could be filed.

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Learned Official Assignee, present in Court, submits that although request for information with respect to the aforesaid two flats has been sought since the month of September 2023, until the filing of this affidavit, despite several reminders, no information had been furnished. That, it is only when the Official Assignee has sought to have a show cause notice under the Contempt of Courts Act, 1971, issued, that the bank has furnished the said information in the affidavit.

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25-OAR-4-2024.doc

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Be that as it may, for the Bank of Baroda to file an appropriate affidavit and undertaking, as requested for, by the learned Counsel for the bank, list on 16^th July 2024 .

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(ABHAY AHUJA, J.)

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ARTI VILAS KHATATE

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Digitally signed by ARTI VILAS KHATATE Date: 2024.07.02 19:24:52 +0530

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Ashok Mohansing Bajaj v. Harshad S. Mehta and Richa Mehta

Case brief

What is this about?

What did the court decide?

Ashok Mohansing Bajaj v. Harshad S. Mehta and Richa Mehta

Case brief

What is this about?

What did the court decide?

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