Shabbir Waghu v. Rahil Ahmed Siddique

nmisl 16 of 2015.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY NOTICE OF MOTION (L) NO.16 OF 2015 IN INSOLVENCY PETITION NO.70 OF 2006 Re :

Rahil Ahmed Siddique ...

Applicant/Insolvent Ex-Parte Shri Shabbir Waghu ...

Petitioning Creditor Mr. Ramesh Jain, for Petitioning Creditor.

Mr. A.P.Bagwe, for Applicant/Insolvent.

Mr. M.D.Narvekar, Official Assignee, present. CORAM: S.J. KATHAWALLA, J.

DATE: 21st APRIL, 2015 P.C.:

1.

Mentioned. Not on board. Taken on board.

2.

The above Notice of Motion is taken out by the Insolvent seeking annulment of the order dated 20th January, 2007 adjudicating him as Insolvent.

3.

The learned Advocate for the Insolvent states that the Petitioning Creditor is the only creditor of the Insolvent. The claim of the Petitioning Creditor has been settled by the well-wisher of the Insolvent. Shri Ramesh Jain appearing for the Petitioning Creditor states that the claim of the Petitioning Creditor has been satisfied by the well-wisher of the Insolvent. ssp 1/2

nmisl 16 of 2015.sxw The Official Assignee states that since the claim of the Petitioning creditor is settled, there are no other claims pending with the office of the Official Assignee.

3.

In view thereof, the above Notice of Motion is made absolute in terms of prayer clauses (a) and (c) subject to the well-wisher filing an undertaking cum indemnity Bond with the Official Assignee, undertaking to pay any claims of any creditors payable as on the date of this order but lodged subsequently with the Official Assignee.

4.

The Official Assignee is authorized to deduct the commission charge as per Rule 180 of the Bombay Insolvency Rules, 1910. The prayer clauses (a) and (c) of the Notice of Motion are reproduced hereunder : (a) That the order of adjudication passed against the Insolvent viz. Rahil Ajmed Siddique, by the Hon'ble Insolvency Court on 20th day of November, 2007 be annulled under Section 21(1) of the Presidency Towns Insolvency Act, 1909 on the ground of full payment;

(c) that the public examination of the Insolvent abovenamed be ordered to be dispensed with by this Hon'ble Court; 5.

The above Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2