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Bombay High CourtNMIS/3/2020absolute

Farhad Zarir Suraliwalla (Debtor'S Own Pettion) v. ---

2020-02-04Hon'Ble Shri Justice S.C. Gupte1 pages

Chittewan 1/1 101.NMIS 3-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO.3 OF 2020 IN INSOLVENCY PETITION NO.5 OF 2017 Farhad Zarir Suraliwalla ...

Own Petitioner/Insolvent .....

Mr. Vijay V. Nene for the Petitioner/Insolvent. .....

CORAM : S.C. GUPTE, J.

DATE : 4 FEBRUARY 2020 P.C. :

.

This Notice of Motion has been taken out by the petitioning debtor for setting aside an order of adjudication. The adjudicating order was passed on the debtor's petition on 14 August 2017. The present application is on the basis that there is no liability owed by petitioning debtor to any of his creditor/s as of date. The representative of Official Assignee, present in court, confirms that there is no decree or adjudicated liability against the petitioning creditor. In the premises, the Notice of Motion is made absolute in terms of prayer clause -(a) and the order of adjudication is set aside. Official Assignee's costs, quantified at Rs.15,000/- (Rs. Fifteen Thousand Only), to be paid by the petitioning debtor within three weeks. Costs may be appropriated towards office expenditure of Official Assignee.

(S.C. GUPTE, J.) Rajesh V.

Chittewan Rajesh V. Chittewan Date: 2020.02.14 15:41:33 +0530