Bombay High Court
Gutka Food And Nut Importers vs Jagdish Bhagwandas Ahuja And Others on 3 March, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
1/2 22 MPIN(L)-36908-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
MISC. PETITION FOR LEAVE (L) NO.36908 OF 2022
IN
INSOLVENCY PETITION NO. 32 OF 2019
Gutka Food And Nut Importers .. Petitioner
In the matter between
Gutka Food And Nut Importers .. Plaintiffs
Versus
Jagdish Bhagwandas Ahuja and others .. Insolvents
And
Official Assignee High Court .. Respondent
Adv.Preeti Gada for the petitioning creditor.
Adv. R.R. Varma for claimant.
Adv. Shivangi Kedia Ruia a/w Adv. Krushang Kedia i/b Adv. Girish
Kedia for claimants.
Mr. D.R. Talekar I/C I.R present.
Mr. Arun Kesarkar, Deputy O.A. present.
CORAM: BHARATI DANGRE, J.
DATED : 3rd MARCH 2023 P.C:-
1 By the present Miscellaneous Petition filed in the Insolvency Petition, the following relief is sought:-
a) "That this Hon'ble Court be pleased to grant leave to the Petitioner, to join the Official Assignee of the estate and effects of the insolvent as a party Defendant to the Suit bearing Summary Suit No.1439 of 2018 along with Summons for Judgment No.135 of 2019 under section 17 of the Presidency Towns Ashish Mhaske ::: Uploaded on - 14/03/2023 ::: Downloaded on - 08/06/2023 16:14:57 ::: 2/2 22 MPIN(L)-36908-2022.doc Insolvency Act, 1909 and to continue the Suit against Defendants No.1 to 4, through the Ld Official Assignee, or as this Hon'ble Court may deem fit".
2 The relief is sought, in the wake of the defendant being declared as Insolvent by order dated 24/06/2022. The relief, as prayed for, cannot be granted as in terms of Section 68 of the Presidency Towns Insolvency Act, 1909 and in particular clause (d) thereof, an Official Assignee is entrusted with the responsibility of realizing the property of the insolvent, and for that purpose, he may sell all or any part of the property of the insolvent and give receipts for any money received by him and may with the leave of the court institute, defend or continue any Suit or other legal proceedings relating to 'the property of the insolvent'.
In the wake of aforesaid provision, since the role which is to be discharged by the Official Assignee is carved out in Section 68, where he is permitted to defend or continue any Suit or legal proceedings, provided they relate to the property of the insolvent and in the present case, what is sought is that the Official Assignee shall stand in the foot steps of the insolvent in Summary Suit no.1439 of 2018, which is filed for recovery of an amount, the stage is not yet riped, for the Official Assignee defending the said Suit.
In the wake of above, the present miscellaneous petition is dismissed.
( SMT. BHARATI DANGRE, J.) Ashish Mhaske ::: Uploaded on - 14/03/2023 ::: Downloaded on - 08/06/2023 16:14:57 :::