Kushal H, Kakad v. Prem Kapoor And Mumtaz Hoosein Applicant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN INSOLVENCY NOTICE OF MOTION NO.59 OF 2017 in IN INSOLVENCY PETITION NO.142 OF 2004 Ms.Mumtaz Hoosein .. Applicant (Well-wisher)

IN THE MATTER BETWEEN

Prem Kapoor .. Insolvent and Khushal H.Kakad & ors .. Respondents ---- Mr.Kishor Jain with Mr.Devang H.Shah for Applicant Mr.M.D.Narvekar Official Assignee present ---- CORAM : K.R.SHRIRAM, J.

DATE : 6TH MARCH, 2018.

P.C.:

1.

Mr.M.L.Narvekar the Official Assignee states that there are some amounts payable to the Official Assignee.Mr.Jain states that whatever amount is payable to the Official Assignee, the same will be paid within two weeks of receiving a communication, either orally or in writing, from the Official Assignee.The undertaking is accepted as an undertaking by the

applicant.

2.

In view of this undertaking, Notice of motion is allowed in terms of prayer clause (a) which reads as under: (a) "That the order of Adjudication dated 19th August 2006 in Insolvency Petition No.142 of 2004 (Exhibit 'A' hereto) be annulled on the ground of full payment."

3.

If the amounts are not paid within two weeks as undertaken, the Official Assignee is at liberty to move this Court for further directions.

(K.R.SHRIRAM, J.)