Sicom Limited v. Taradevi Gadia And ORS/ Sanwarmal Chokhani Applicant/Insolvent

7.NMIS.40.18 in INPT.7.07.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO. 40 OF 2018 IN INSOLVENCY PETITION NO. 7 OF 2007 Sanwarmal Chokhani ...

Applicant/Insolvent In the matter of:

SICOM Limited ...

Petitioning Creditor

Versus

Taradevi Gadia & Ors.

...

Insolvents Mr. A.P. Bagwe for the Insolvent.

Mr. M.D. Narvekar, Official Assignee, present. Mr. E.B. Shivkumar, Deputy Official Assignee, present. CORAM : R.I. CHAGLA, J.

DATED : 20th AUGUST, 2019.

P.C. :

This Notice of Motion has been taken out for annulment of the order of adjudication passed against the Insolvents on 26.11.2007 on the ground of full payment. It has been stated in the application that the claim of the creditor i.e. Petitioning Creditor has been settled and paid by the well wishers of the Insolvents for which the Petitioning Creditor has issued 'No Dues Certificate'. There is no objection by the Official Assignee to this application being allowed.

Waghmare 1/2

7.NMIS.40.18 in INPT.7.07.doc Accordingly, the order of adjudication dated 26.11.2007 is annulled under Section 21(1) of the Presidency Towns Insolvency Act, 1909 on the ground of full payment.

The Notice of Motion is accordingly made absolute in terms of prayer clauses (a) and (b).

(R.I. CHAGLA, J.) Waghmare 2/2