Manohar Ramjilal Mittal v. --

oar 9 of 2015 (945).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY OFFICIAL ASSIGNEE REPORT NO.9 OF 2015 IN INSOLVENCY RULE NISI NO.12 OF 2013 IN INSOLVENCY PETITION NO.77 OF 2004 Re :

Manohar Ramjilal Mittal ...

Insolvent ( own Petition) Ex-Parte :

The Official Assignee of Bombay ...

Petitioner None for the parties.

Mr. M.D.Narvekar, Official Assignee, present. Mr. Arun Sitaram Tambe, Sales Tax Officer, present. CORAM: S.J. KATHAWALLA, J.

DATE: 5th MAY, 2015 P.C.:

1.

Mr. Arun S. Tambe, from the Sales Tax Department is present. He states that the Sales Tax Department has no information qua the whereabouts of the Insolvent. In view thereof, prayer clauses (b) and (c) of the Report is granted, which are reproduced hereunder :

(b) Since the Insolvent is not traceable and the Warrant of Committal for Contempt is returned unexecuted by the Bailiff of Sheriff of Bombay, the Hon'ble Insolvency Court may dispense with the private and publication examination of the Insolvent abovenamed and annul the Insolvency under Rule ssp 1/2

oar 9 of 2015 (945).sxw 136 of the Bombay Insolvency Rules, 1910 for want of prosecution and while doing so the Insolvency Registrar may be directed to publish an advertisement about such annulment of Insolvency in Maharashtra Government Gazette; (c) If the Insolvency Petition No.77 of 2004 is dispose off as above, the Official Assignee may be permitted to deduct the cost, charges and expenses etc., from the balance lying to the estate account of the above Insolvent and the 3% Commission chargeable on total liabilities under Rule 180 of the Bombay Insolvency Rules, 1910 be disposed with;

2.

The Report is accordingly disposed of.

( S.J.KATHAWALLA, J. ) ssp 2/2