Bombay High Court
Sicom Ltd vs Bhaskar Shovakar on 20 February, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
8. NMIS 35-07 in INOT 33-07 @ Others.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS INSOLVENCY JURISDICTION
NOTICE OF MOTION NO. 35 OF 2007
IN
INSOLVENCY NOTICE NO. 33 OF 2007
Re:
Sudarshan S. Khaitan ...Judgment Debtor
Ex-Parte
Sicom Limited ...Judgment Creditor
WITH
INSOLVENCY PETITION NO. 14 OF 2007
WITH
NOTICE OF MOTION NO. 38 OF 2017
IN
INSOLVENCY PETITION NO. 136 OF 2003
WITH
NOTICE OF MOTION NO. 41 OF 2007
IN
INSOLVENCY NOTICE NO. 251 OF 2006
WITH
INSOLVENCY NOTICE NO. 251 OF 2006
IN
NOTICE OF MOTION NO. 41 OF 2007
WITH
NOTICE OF MOTION NO. 42 OF 2007
IN
INSOLVENCY NOTICE NO. 257 OF 2006
WITH
INSOLVENCY NOTICE NO. 257 OF 2006
IN
NOTICE OF MOTION NO. 42 OF 2007
WITH
INSOLVENCY PETITION NO. 29 OF 2007
WITH
NOTICE OF MOTION NO. 50 OF 2007
IN
NOTICE OF MOTION NO. 41 OF 2007
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8. NMIS 35-07 in INOT 33-07 @ Others.doc
WITH
NOTICE OF MOTION NO. 74 OF 2007
IN
INSOLVENCY NOTICE NO. 252 OF 2006
WITH
NOTICE OF MOTION NO. 109 OF 2006
IN
INSOLVENCY NOTICE NO. 62 OF 2006
WITH
INSOLVENCY PETITION NO. 38 OF 2007
WITH
INSOLVENCY PETITION NO. 41 OF 2007
WITH
NOTICE OF MOTION NO. 112 OF 2006
IN
INSOLVENCY NOTICE NO. 100 OF 2006
WITH
INSOLVENCY PETITION NO. 44 OF 2007
WITH
INSOLVENCY PETITION NO. 56 OF 2007
WITH
NOTICE OF MOTION NO. 40 OF 2008
IN
INSOLVENCY PETITION NO. 29 OF 2005
WITH
INSOLVENCY PETITION NO. 78 OF 2006
WITH
INSOLVENCY PETITION NO. 58 OF 2007
WITH
INSOLVENCY PETITION NO. 62 OF 2007
IN
INSOLVENCY NOTICE NO. 103 OF 2007
WITH
NOTICE OF MOTION NO. 99 OF 2007
IN
INSOLVENCY NOTICE NO. 119 OF 2007
WITH
INSOLVENCY PETITION NO. 66 OF 2007
WITH
NOTICE OF MOTION NO. 120 OF 2007
IN
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8. NMIS 35-07 in INOT 33-07 @ Others.doc
INSOLVENCY NOTICE NO. 122 OF 2007
WITH
NOTICE OF MOTION NO. 119 OF 2007
IN
INSOLVENCY NOTICE NO. 121 OF 2007
WITH
INSOLVENCY PETITION NO. 104 OF 2006
WITH
INSOLVENCY PETITION NO. 112 OF 2006
WITH
INSOLVENCY PETITION NO. 83 OF 2007
Ms. Kalyani Wagle i/b T. N. Ptipathi & Co. for Applicant in NM 41/07.
Mr. Abhishek Prabhu with Mr. Jash Gandhi i/b Ava Associates in NMIS
42/07 and INOT 257/06.
Mr. Dhaval A. Patil i/b M/s K. Ashar & Co. for Respondent No.3.
Mr. Jaganathan V. i/b O.A. Das INPT 29/05.
Ms. M. R. Parkar, Insolvency Registrar present.
CORAM : ABHAY AHUJA, J.
DATE : 20th FEBRUARY, 2024 P.C. :
1. Pursuant to the earlier orders of this Court, learned Counsel appear and submit that only Notice of Motion No. 40 of 2007 in insolvency No. N-224 of 2007 pending before this Court has been stayed by the Hon'ble Supreme Court. Learned Counsel, therefore, submit that in respect of other matters, this Court can consider hearing the Applicants. Learned Counsel for the Judgment Debtor in Notice of Motion No. 41 of 2007 in Notice No. N-251 of 2006 has tendered across the bar a compilation of orders of this Court as well as of the Hon'ble Supreme Court. Learned Counsel would submit that since the Nikita Gadgil 3/4 ::: Uploaded on - 21/02/2024 ::: Downloaded on - 07/03/2024 01:04:36 :::
8. NMIS 35-07 in INOT 33-07 @ Others.doc other matters are not stayed, this Court may pass an order in terms of decision of this Court dated 4th September, 2007.
2. However, since the decision dated 4 th September, 2007, in Notice of Motion No. 40of 2007 has been stayed by the Hon'ble Supreme Court on 11th July, 2008 and since as submitted by the learned Counsel no date is yet fixed for the hearing of the matter, the other matters, in my view, cannot be proceeded with on the basis of the decision of this Court that has been stayed by the Hon'ble Supreme Court.
2. Accordingly, until the decision of the Hon'ble Supreme Court with respect to Notice of Motion No. 40 of 2007, these matters are adjourned sine die. Liberty to apply.
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