Chetan Nagraj Bafna v. Shri Maniklal Shah

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4 OF 2021 IN INSOLVENCY PETITION NO. 17 OF 2018 Chetan Nagraj Bafna ...

Applicant/Insolvent In the matter between Maniklal Shah ...

Petitioning Creditor and The Official Assignee, High Court, Bombay ... Respondent Mr. Anil Bagve for the Applicant / Insolvent. Mr. Rutosh Jadhav h/f. Mr. Sukesh Shah for the Petitioning Creditor. Mr. Ketan Trivedi, Official Assignee.

Mr. E. B. Sivakumar , Dy. Official Assignee.

CORAM : A. K. MENON, J.

DATED : 6 th APRIL, 2021.

P.C. :

1.

By this notice of motion the applicant seeks an order of annulment on the ground of full payment having been made and for further directions dispensing with public examination and fixation of amount of Court Commissioner payable to the Official Assignee and for direction to address necessary correspondence to all concerned from the Official Assignee upon an order of annulment being passed. The petitioning 1/2 41-NMIS-4-2021-INPT-17-2018.doc rrpillai

creditor has no objection to the order being passed. Official Assignee is present and states that there is complete compliance including payment of all dues.

2.

Accordingly I pass the following order :

(i) Notice of motion no. 4 of 2021 is made absolute in terms of prayer clause (a), (b) and (d).

(ii) Official Assignee is at liberty to appropriate a sum of Rs. 50,000/- towards amount of office expenses.

(iii) Notice of motion and petition disposed in the above terms. (A.K. MENON, J.) 2/2 41-NMIS-4-2021-INPT-17-2018.doc rrpillai