Mr.Ramesh Rajaram Survase v. -
IN THE HIGH COURT AT BOMBAY
IN INSOLVENCY INSOLVENCY PETITION NO. 9 OF 2014 Re.: Ramesh Rajaram Survase........Debtor Date : 18th December, 2015 at 12.00 noon Before : The Insolvency Registrar, High Court, Bombay.
Mr. Rohan Sawant, i/b. Mr. A. G. Toraskar, Advocate for the Petitioner/Debtor. Ramesh Survase, Petitioner/Debtor, present.
Mr. Sawant, Advocate for the Petitioner/Debtor states that he is filing the list of documents alongwith the compilation thereof including Bank Pass Book, Bank Statement, Notices/letters issued by Bank and copy of Affidavit alongwith Electricity Bill for the period of August & September, 2015 standing in the name of viz. Meena Survase (wife of Petitioner/Debtor) regarding his residential premises situated at Room No.125, Santosh Nagar, S.V. Road, Daulat Nagar, Near Santoshi Mata Mandir, Borivali (East), Mumbai - 400 066. The same is taken on record and filed.
The Debtor's Preliminary Examination continued by the Insolvency Registrar.
The abovenamed Debtor resumes on solomon affirmation and states as under:- I borrowed money from various Banks for the purpose business i.e. making, selling and repairing shoes. I suffered loss during this business because Municipal Corporation demolished my shop structure. Municipal Corporation levied heavy fine against my said shop, however, because of loss in the business I could not deposit said amount with the Municipal Corporation.
....2/-
: 2 :
Due to loss in my business, the reputation in business circle, friends circle and among my relatives is spoiled and now nobody lends/advance me any money and, therefore, I have made an application to become an Insolvent for the first time by filing this Insolvency Petition by me. I have received Demand Notices from the Banks from whom I borrowed the amount, however, I am unable to repay the dues and now I have suspended my payment. I have no assets whatsoever nature to pay the outstanding against me. I do not have any balance of funds in my Bank Account and there are particularly Nil balance in my Bank Accounts. I say that I am not a beneficiary under any trust, will or any other testamentary documents.
I say that I have no property whether movable/immovable or of any other nature in my name and/or in my possession. I say that I do not have any Passport.
I say that I have committed an act of Insolvency by presenting this Petition as on 21st February, 2014. I say that this is my first voluntary Petition and no creditors of mine have filed any Insolvency Petition in this Hon'ble Court or in any other Competent Court against me. I do not have any other Bank Account either Saving in Bombay or anywhere else. I do not have telephone standing in my name at my residence.
I do not have any locker in my name or jointly with anybody else in any Bank in Bombay or anywhere else.
I am not a member of any trust, or beneficiary under any Will or any other document. I do not have any vehicle in my name. ....3/-
: 3 :
There is no any Criminal or Civil Mater pending against me. Similarly there is no Civil or Criminal matter filed by me against any person or any firm. There is no criminal case pending against me. I do not hold any ancestral or landed property. I do not have any Insurance policy.
I say that as on today the total liability against me is approximately Rs.6,95,000/- which I have disclosed in my Petition. I say that I am unable to repay the said outstanding and I, therefore, have suspended the payment of dues paying against me. I do not have any jewellery of gold or silver ornaments.
I do not have any shares of Public or Private Ltd. companies either in my name or jointly with anybody else.
I do not have any fixed deposit in my name jointly with anybody else.
I do not have any Post Office Savings Account. I am not a member of any Chit Fund or Club.
I have not speculated in shares or on any other commodity. I have not gifted any property to anyone. I do not have any private investment.
I repeat, reiterate and confirm the averments made by me in the present Petition and also in the affidavit annexed to the said Petition in support thereof.
As I have now no capacity to repay the liabilities mentioned in the petition, I pray to this Hon'ble Court that I may be adjudicated as Insolvent.
: 4 :
Per Insolvency Registrar:
The Debtor abovenamed has been examined as to the geniunity of his statements in the Petition, hence his Preliminary Examination is CLOSED. The Debtor abovenamed is directed to lodge certified copies of the notes of evidence with the Official Assignee and comply with his requisitions. The Debtor abovenamed has been examined and has submitted proof of his residence in Mumbai and also about his liability. And accordingly he has filed the Petition adjudicating him as an Insolvent under provisions of the Presidency Towns Insolvency Act, 1909. Hence, examination is closed. Sd/- INSOLVENCY REGISTRAR.
Sd/- Debtor.
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