Tej-Cab Enterprises Pvt. Ltd. vs S. B. Singh — Bombay HC (2026) — LawSathi Research

Tej-Cab Enterprises Pvt. Ltd. vs S. B. Singh — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Draft order of adjudication settled in Insolvency Petition Nos. 5 and 6 of 2024; Section Officer's apology and explanation taken on record with a direction to act promptly and diligently; Assistant Section Officer directed to keep the explanation on the file of both proceedings along with the order and to scan the reply for placement with the order; Section Officer directed to make further compliance as per rules.

Issue for consideration

Whether the Section Officer's explanation for the delay of more than two months in settling the draft order of adjudication (the Hon'ble Court having passed the order of adjudication on 6th February, 2026) was satisfactory.

Court's answer

The explanation tendered by the Section Officer for the delay in settling the draft order of adjudication is not satisfactory; when the Assistant working under her was on leave, it was the Section Officer's duty to proceed with the matter and take guidance from the Insolvency Registrar, the I/c. Insolvency Registrar, or the learned Official Assignee in case of difficulty.

Ratio / Principle

The apology tendered by the Section Officer and her explanation are taken on record, and the Section Officer is directed to act promptly henceforth and diligently in compliance of her duties.

Key takeaways

The draft order of adjudication is settled, and the Section Officer is directed to make further compliance as per rules.ratio¶¶19
The Assistant Section Officer is directed to take the explanation on record and keep it in the file of both proceedings along with this order.ratio¶¶15
The Assistant Section Officer is further directed to scan the said reply and place it with the present order.ratio

Detailed headnote1 paragraphs

Insolvency Registrar, High Court, Bombay — Draft order of adjudication settled in Insolvency Petition Nos. 5 and 6 of 2024 (Tej-Cab Enterprises Pvt Ltd v. S. B. Singh; Shripal K. Shah v. S. B. Singh). The Hon'ble Court had allowed the petitions and passed the order of adjudication on 6th February, 2026. Noting a delay of over two months in settling the draft, the Registrar held the Section Officer's explanation (tendered by e-mail dated 15th April, 2026 while on sick leave) unsatisfactory, observing that it was her duty to proceed in her Assistant's absence with guidance from the Insolvency Registrar, the I/c. Insolvency Registrar, or the Official Assignee. Her apology and explanation were taken on record and she was directed to act promptly and diligently; the Assistant Section Officer was directed to keep the explanation in the file of both proceedings and scan the reply with the order. The draft order of adjudication was settled, with the Section Officer directed to make further compliance as per rules. No advocate appeared for any party.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INSOLVENCY PETITION NO. 5 OF 2024

Tej-Cab Enterprises Pvt Ltd ...... Judgment Creditor

V/s. S. B. Singh ...... Debtor

With

INSOLVENCY PETITION NO. 6 OF 2024

Shripal K. Shah ...... Judgment Creditor V/s. S. B. Singh ...... Debtor

Before : Insolvency Registrar, High Court, Bombay. Date : 15^th April, 2026

Present: None for the Debtor.

None for the Judgment Creditor.

CALLED FOR SETTLING DRAFT ORDER OF ADJUDICATION :

Today, the matter is listed for settling the draft of order of adjudication. I have perused the petition. The present petition was listed before the Hon’ble Court on 6^th February, 2026 and the Hon’ble Court after hearing the parties pleased to pass the order of adjudication and allowed the petition.

It is to be noted that, the matter was produced before me on 10^th April, 2026 for scrutiny of the draft of the order of adjudication. Since, there is a delay of compliance of the order passed by the Hon’ble Court, I directed the Section Officer to submit an explanation on/before next date i.e. 15^th April, 2026 as why there is a delay in settling the draft order of adjudication when the order of adjudication was passed by the Hon’ble Court on 6^th February, 2026.

: 2 :

Today, at the time of the hearing, none of the parties present, the Assistant Section Officer produced an e-mail dated 15^th April, 2026 of Section Officer who is on leave today due to ill health. I have perused the said e-mail. In the said e-mail, the Section Officer given her explanation for delaying compliance of the order passed by the Hon’ble Court and to settle the draft order of adjudication for more than 2 (two) months. I have perused the said explanation. The said explanation is not satisfactory. It is to be noted that, when the concerned Assistant of the Section who is working under Section Officer is on leave, the said matter is not required to be kept without taking any steps and it is due duty of Section Officer to do the needful. The Section Officer could have proceeded with the matter and taken guidance of the Insolvency Registrar or from the Officer who is having charge of Insolvency Registrar. It was the duty of the Section Officer to informed the same to Insolvency Registrar as well as in case of absence of the Insolvency Registrar to I/c. Insolvency Registrar or from the learned Official Assignee in case of any difficulty.

In the said explanation the Section officer has tendered sincere apology for the same. The said apology tendered by Section Officer and explanation is taken on record. The Section Officer is directed to act promptly henceforth and diligently in compliance of her duties as a Section Officer. Assistant Section Officer is directed to take this explanation on record and should be kept in file of both these proceedings alongwith this order.

The Assistant Section Officer is also directed to scan the said reply and to be placed with the present order.

: 3 :

Today, none of the parties are present. The draft order of adjudication is

settled and Section Officer is directed to make further compliance as per rules.

INSOLVENCY REGISTRAR

MAS/RVR INPT 5 & 6 OF 2024.odt