Soumit Ranajan Jena v. Indian Steel And Infrastructure Pvt Ltd

932.289.17 nma

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 438 OF 2016 WITH NOTICE OF MOTION NO. 289 OF 2017 IN APPEAL (L) NO. 438 OF 2016 Soumit Ranajan Jena ....

Appellant Vs.

Indian Steel and Infrastructure ....

Respondent Private Limited.

Mr. Sanjeev Sawant i/b Mr. Amol Wagh for the appellant None for the respondent CORAM : SMT. VASANTI A. NAIK, SARANG V. KOTWAL, JJ.

DATE :

DECEMBER 15, 2017.

P.C.

The order of the learned Single Judge in Insolvency Petition No. 2 of 2016 dated 20/09/2016 is appealed against in this intra court appeal. We find that the order of the learned Single Judge is just and proper as the appellant had not paid the amount due and payable and in that background the Court had disposed of the insolvency petition after considering the fact that the appellant was not in a position to make the payment of the dues. In the result, the appeal fails and is dismissed with no order as to costs. With the disposal of the appeal, the notice of motion stands disposed of. [SARANG V. KOTWAL, J.] [SMT. VASANTI A. NAIK, J.] ism