Sharda Arjun Ramani v. Dhaval S. Shah Huf

IN THE HIGH COURT AT BOMBAY

IN INSOLVENCY INSOLVENCY NOTICE No. 55 of 2017 Before : Insolvency Registrar, High Court, Bombay.

Date : 24th February, 2018 at 12.00 noon.

Re : Dhaval S. Shah HUF & Ors. ... ...Judgment Debtors. None Present.

To-day, the matter is kept for dismissal under Rule 52D of Bombay Insolvency Rules, 1910.

On the last date, i.e. on 21st February, 2018 following directions were passed:- "In this matter, the Insolvency Notice was issued on 21st December, 2017 and as per the provisions made in the Rules (Supra) it is mandatory for the Judgment Creditor to serve the Insolvency Notice, within one month from the issue thereof. However, no proof is on record to show that Insolvency Notice has been served upon the Judgment Debtors.

PER INSOLVENCY REGISTRAT:- In the interest of justice, as and by way of last chance to-day's matter is now adjourned to 24 th February, 2018 at 12.00 noon . If on the adjourned date, no Affidavit of service is filed or the Judgment Creditor or his Advocate remained absent, then the present Insolvency Notice shall be constrained to be dismissed for want of prosecution."

....2/-

: 2 :

However, today once again Judgment Creditor and his Advocate both are absent. It presumes that Judgment Creditor is not interested to persue with the matter.

PER INSOLVENCY REGISTRAR:- In view of the above, the Insolvency Notice is dismissed for default under Rule 52D (supra.).

Sd/- rrk/drt.

INSOLVENCY REGISTRAR.