State Bank Of India v. Smt.Poornima Acharya

irn 36 of 2014.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY RULE NISI NO.36 OF 2014 IN INSOLVENCY PETITION NO.153 OF 2004 Re :

Poornima Acharya ...

Insolvent Ex-parte State Bank of India ...

Petitioning Creditor Ms. Jayashri Surati i/by M/s. S. Ashwinikumar and Co., for Petitioning Creditor.

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

DATE: 7th APRIL, 2015 P.C.:

1.

The present Rule Nisi is taken out by the Official Assignee since the Insolvent has remained absent for some of the meetings before the Official Assignee for private examination of the Insolvent touching upon the estate and affairs of the Insolvent and the Insolvent has also failed to comply with the requisitions raised by the Office of the Official Assignee. 2.

On 3rd March, 2015, liberty was granted to the Official Assignee to serve the Rule Nisi upon the Insolvent by way of substituted service i.e. by publishing it in two local newspapers viz. Free Press Journal ( English) and Navshakti ( Marathi).

ssp 1/2

irn 36 of 2014.sxw 3.

Ms. Surati, Advocate for the Petitioning Creditor states that the Notice has been published in the newspapers and accordingly she is filing an Affidavit dated 30th March 2015 proving substituted service. The Insolvent has failed to appear despite service through publication in newspapers. 4.

The Insolvent having failed and neglected to attend before the Official Assignee for her private examination touching upon her estate and affairs and also having failed and neglected to comply with the requisitions, the Rule Nisi is made absolute.

5.

The Petitioning Creditor to deposit Rs.2000/- towards diet charges.

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