Nisha Manohar Mittal v. -

oar 11 of 2015 (947).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY OFFICIAL ASSIGNEE REPORT NO.11 OF 2015 IN INSOLVENCY RULE NISI NO.22 OF 2014 IN INSOLVENCY PETITION NO.124 OF 2004 Re :

Nisha Manohar Mittal ...

Insolvent ( own Petition) Ex-Parte :

The Official Assignee of Bombay ...

Petitioner None for the parties.

Mr. M.D.Narvekar, Official Assignee, present. Mr. Shivaji P.Dhainje, Asstt. Commissioner of Sales Tax, Investigation (A), Mumbai, present.

CORAM: S.J. KATHAWALLA, J.

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

1.

Mr. Shivaji P. Dhainje, Asstt. Commissioner of Sales Tax, is present in Court. 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 11 of 2015 (947).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.124 of 2004 is dispose off, 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 dispensed with;

2.

The Report is accordingly disposed of.

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