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Bombay High CourtNMIS/26/2015absolute

Sicom Ltd., v. Lav Chadha And ANR.

2015-04-28Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 933-IDA-1-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY NOTICE OF MOTION (L) NO. 20 OF 2015 IN INSOLVENCY PETITION NO. 34 OF 2005 SICOM Limited ...

Applicant

IN THE MATTER BETWEEN :

Re :

Lav Chadha & Anr.

...

Insolvents Ex-parte :

SICOM Limited ...

Petitioning Creditor Mr.Sharan Jagtiani i/b.S.M. Kadam for the Applicant / Petitioning Creditor.

Mr.S.N.Vimadalal i/b. Vinod Solankhi for the Insolvents. Mr.Gajanan Kasbe (earlier Advocate for the Petitioning Creditor). Mr.M.D.Narvekar, OA, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 28 TH APRIL, 2015 P.C.

1.

The above Notice of Motion is taken out by SICOM Limited (Petitioning Creditor) for the following reliefs : "(a) That the Hon'ble Court be pleased to recall and set aside the order dated 12th November, 2013 closing chance of the Applicants to examine the Insolvents ;

(b) That the Hon'ble Court be pleased to permit that Applicants to carry out public examination of Insolvent Nos. 1

Nitin 2 / 2 933-IDA-1-2015 and 2".

2.

Mr.Gajanan Kasbe the former Advocate for the Petitioning Creditor is present in Court. He has informed the Court that though the Insolvency Registrar had informed him in writing that the public examination of the Insolvents shall be closed if the Petitioning Creditors and / or their Advocates will remain absent on the adjourned dates, he was unable to inform the Petitioning Creditor about the same or to remain present before the Insolvency Registrar since he was suffering from severe health problems.

3.

In view thereof, Notice of Motion (L) No. 20 of 2015 is allowed in terms of prayer clauses (a) and (b), which are reproduced hereinabove. 4.

The parties and their Advocates shall appear before the Insolvency Registrar on 29th April, 2015 at 3 p.m. The public examination of the Insolvents shall be completed before the Insolvency Registrar on or before 12th June, 2015 5.

Place Discharge Application No. 1 of 2014 for hearing on 22nd June, 2015.

6.

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