Bombay High Court
Shri Prashant Mamgain vs Alka Kaushal on 16 August, 2017
Author: A.K. Menon
Bench: A.K. Menon
1 39.inpt-21.16.doc
sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INSOLVENCY PETITION NO.21 OF 2016
Prashant Mamgain .. Judgment Creditor
Vs.
Alka Kausal .. Judgment Debtor
Mr. R.C. Jain for the Judgment Creditor.
None for the Debtor.
CORAM : A.K. MENON , J.
DATED : 16TH AUGUST, 2017 P.C. :
1. Mr. Jain, the learned counsel for the petitioning creditor states that the judgment debtor has been served with the petition on 23 rd December, 2016. He has filed a joint affidavit of service of the bailiff of the sheriff of Mumbai and the representative of the petitioning creditor. The affidavit dated 17th/28th March, 2017 is on record. None appears on call for the judgment debtor. The record indicates that on 20 th June, 2017 the matter came to be adjourned to 4 th July, 2017 at the instance of the judgment debtor's Advocate. Once again on 4 th July, 2017 the Advocate for the judgment debtor submitted that an appeal had been filed before the District Court, Delhi against the judgment debtor and decree on 4th October 2012 passed by the Additional District Judge-1, South-West, Dwarka Courts, New Delhi and that his client was in the ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:49 ::: 2 39.inpt-21.16.doc process of moving an interim application in the appeal. He sought time. At his request the matter was adjourned to 1 st August, 2017.
st
2. On 1 August, 2017 this Court was not sitting in session the matter is therefore listed today. None appears for the judgment debtor. No appearance has been entered either although the advocate has represented the debtor on two previous occasions.
3. Mr. Jain, the learned counsel for the petitioning creditor points out that earlier the judgment debtor has challenged the insolvency notice by taking out notice of motion no.54 of 2016. The notice of motion came to be dismissed by speaking order on 4th October, 2016.
4. Mr. Jain states that there is no challenge to the said order. In the circumstances, there appears to be no defence. Mr. Jain further submits that he has not been served with any order in the appeal said to have been filed nor his client has been served in the appeal. In the circumstances, the petition is liable to be allowed. I therefore pass the following order:-
(i) There will be an order in terms of prayer clause (a).
(ii) The Official Assignee is hereby appointed of the properties of the insolvent wherever situated which shall vest in the Official Assignee and shall become divisible amongst the insolvents creditors.
(iii) The Official Assignee also to take necessary steps in accordance ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:49 ::: 3 39.inpt-21.16.doc with the Circular dated 14 th October, 2011 issued by Ministry of Finance, Department of Revenue (Central Board of Direct Taxes), New Delhi and to invest the amount so realised from the insolvents with any of the Nationalized Banks.
(A.K.MENON, J.) ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:49 :::