Aarti Mehra v. Rajesh Dhirajlal Vora

oar 20 of 2016 (938).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY OFFICIAL ASSIGNEE'S REPORT NO.20 OF 2016 IN INSOLVENCY PETITION NO.31 OF 2002 Re :

Rajesh Dhirajlal Vora ...

Insolvent Ex-Parte :

Aarti Mehra ...

Petitioning Creditor WITH OFFICIAL ASSIGNEE'S REPORT NO.6 OF 2016 IN INSOLVENCY PETITION NO.31 OF 2002 AND OFFICIAL ASSIGNEE'S REPORT NO.7 OF 2016 IN INSOLVENCY PETITION NO.31 OF 2002 Mr. Sandeep Parikh with Ms. Siddhi Doshi i/by M/s. Bilawala and Co., for Petitioning Creditor.

Mr. Simil Purohit i/by Mr. Ganesh Gole, for Insolvent. Mr. Jamshed Ansari, for Union Bank of India.

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

DATE: 4 th OCTOBER, 2016 P.C.:

1.

The learned Advocate appearing for the Insolvent has tendered the Affidavit dated 1st October, 2016 and the same is taken on record. 2.

The property being GIDC, Phase IV, Wadhawan City 363 030, Surendranagar, Gujarat ( the Suit property ) was inter alia charged / mortgaged in 1/2

oar 20 of 2016 (938).sxw favour of the banks. In view thereof, the banks had hired Security Guards to protect the Suit property. The claims of the banks are settled and therefore the banks have withdrawn the security. However, several statutory authorities / corporation have claimed to be having charge in their favour qua the Suit property. The earlier Security Agency has made a grievance qua pending bills. In view thereof, the Official Assignee shall forthwith write letter to the statutory authorities / corporations, who are claiming to have charge over the Suit property, informing them that they should take responsibility of providing security to protect the Suit property and the Official Assignee will not be responsible to provide the security for protection of the same. It is clarified that when this Court passed an order dated 31st March, 2016, it was not brought to the notice of this Court that the statutory authorities / corporations have attached the Suit property or are claiming to be having statutory charge on the Suit property.

3.

Official Assignee's Report Nos. 20, 6, 7 of 2016 are accordingly disposed off.

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