Nilesh Arvind Shah v. M/S.Maharaj Transport And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY INSOLVENCY NOTICE No. 1 of 2018 Before : Insolvency Registrar, High Court, Bombay.

Date : 27 th March, 2018 at 12.00 noon.

Re : M/s. Maharaj Transport & 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 22 nd March, 2018 following directions were passed:- "In this matter, an application filed by the Judgment Creditor to issue the Insolvency Notice on 16th December, 2017 and accordingly the Insolvency Notice is issued on 2nd January, 2018 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. In the interest of justice, as and by way of last chance to-day's matter is now adjourned to 27 th March, 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