Mr. Jayesh Manubhai Shah v. Mr. Subhash Inderjit Anand And 2 Others

904-OSWP2523-14.DOC AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2523 OF 2014 Jayesh Manubhai Shah

...Petitioner

Versus

Subhash Inderjit Anand & 2 Ors.

...Respondents

Mr. J.A. Udaipuri, Advocate for the Petitioner, absent.

Ms. V.S. Avasare, First Assistant to Official Assignee, present.

CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

20th January 2016 PC:- 1.

On the earlier occasion, we had enquired from the Petitioner's Advocate as to how a Writ Petition would lie against an order passed in Insolvency proceedings. The Petitioner's Advocate then sought time to take instructions. We accommodated Mr. Udaipuri, learned Advocate for the Petitioner since it was stated that he was in difficulty. However, a colleague Advocate who appeared with Mr. Udaipuri was specifically directed to take instructions from the Petitioner and satisfy the Court about the maintainability of the Writ Petition.

904-OSWP2523-14.DOC 2.

Though the Petition was posted today, none is appearing for the Petitioner. We find that it is really a grievance in relation to the Insolvency proceedings and which has been projected. 3.

In these circumstances, by granting liberty to the Petitioner to adopt appropriate remedy, we dispose of this Writ Petition. (G. S. PATEL, J.) (S.C. DHARMADHIKARI, J.)