Abhijit Ravindra Patodia v. Cyrus Kartak And ANR.

IN THE HIGH COURT AT BOMBAY

IN INSOLVENCY INSOLVENCY NOTICE No.39 of 2016 Before : Insolvency Registrar, High Court, Bombay.

Date : 22 nd December, 2017 at 12.00 noon Re : Cyrus Katrak & Anr. ......Judgment Debtors. Exparte:- Abhijit Ravindra Patodia .. Judgment Creditor. For Directions:- None present.

To-day, the matter is kept for dismissal under Rule 52D of Bombay Insolvency Rules, 1910.

On the last date, i.e. on 18 th December, 2017 following directions were passed:- "In this matter, by an Affidavit dated 11th October, 2017,(filed with the Registry on 20th November, 2017) the Judgment Creditor, inter alia, prays for an amendment in the cause title of the Insolvency Notice and also for the extension of time to serve the Insolvency Notice upon the Judgment Debtors by various modes and accordingly, the undersigned by an Order dated 22nd November, 2017 granted a Leave to the Petitioning Creditor to carry out the amendments, within one week from the said date of Order and also accordingly, time to serve the Insolvency Notice was extended by five weeks' from the said date of Order i.e. upto 20th December, 2017.

: 2 :

However, upon perusal of the records and proceedings, it is found that neither the Judgment Creditor nor his Advocate taken any steps to amend the cause title of the Insolvency Notice and/or taken any steps to serve the Insolvency Notice upon the Judgment Debtors.

In view thereof, the Insolvency Notice is kept for dismissal under Rule 52D (supra.) on 22nd December, 2017 at 12.00 noon." However, today once again Judgment Creditor and his Advocate both are absent. It presumes that Judgment Creditor is not interested to persue with the matter.

PER INSOLVENCY REGISTRAR:- In view thereof, the Insolvency Notice is dismissed for default under Rule 52D (supra.).

Sd/- INSOLVENCY REGISTRAR, HIGH COURT, BOMBAY.