Sicom Ltd. v. N.C. Malhotra And ANR.

irn.3.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY INSOLVENCY RULE NISI NO. 3 OF 2015 IN INSOLVENCY PETITION NO. 8 OF 2006 Re:

N.C.Malhotra & Anr.

...Insolvents Ex-Parte :

SICOM Ltd.

...Petitioning Creditor .....

Mr S.M.Kadam for the Petitioning Creditor.

None for Insolvent No.1.

Mr M.D.Narvekar O.A. Present.

CORAM : S.C. GUPTE, J.

JUNE 23, 2015 P.C. :

The above Petition is filed by the Judgment Creditor for adjudication of insolvency. Insolvent No.1 Mr Naresh Chandra Malhotra, has remained absent. On 5 May 2015, liberty was granted to the Official Assignee to serve the Rule Nisi upon Insolvent No.1 by way of substituted service. Today, when the matter is called out, Insolvent No.1 is not present. The Official Assignee confirms the service of Rule Nisi on Insolvent No.1 by way of substituted service, and produces an affidavit of service. Having regard to the Affidavit of service, the order passed on 5 May 2015 is duly complied with. Insolvent No.1 has failed to satisfy the requisitions therein.

Insolvent No.1 having thus failed and neglected to comply with the requisitions, the Rule Nisi is made absolute. The diet charges of Rs.2000/- shall be borne by the Petitioning Creditor.

( S.C.GUPTE J. ) Pg 1 of 1