Premji N. Thakkar (Huf) v. Prakash Ramji Thakkar
Date: 27th March, 2018 Re: Prakash Ramji Thakkar Insolvency Petition No. 22 of 2016 Date of Act of Insolvency... 30.11.2016 Date of Petition ... 14.12.2016 Date of Order of Adjn. ... 06.09.2017 -------------------------------------------------------------------------------------------
Present:
Smt. Achala Hatode i/by S.K. Jain & Associates, Advocate for the Petitioning Creditor Shri Bharat P. Thakkar Constituted Attorney of Shri Premji N. Thakkar (HUF), Petitioning Creditor Shri V.T. Sipahimalani alongwith Smt. Jyoti Iyyer i/by M/s. V.T. Sipahimalani & Co., Advocate for the Insolvent Insolvent : Prakash Ramji Thakkar No other appearances.
This is an adjourned meeting fixed for the private examination of the Insolvent touching his estate and affairs. Shri Sipahimalani, Ld. Advocate appearing on behalf of the Insolvent states that he will file the Vakalatnama with the Office of the Insolvency Registrar and Letter of Authority with the Office of the Official Assignee before the next date. Shri Sipahimalani, Ld. Advocate appearing on behalf of the Insolvent further states that, Shri Bharat Thakkar,
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Constituted Attorney of the Petitioning Creditor cannot appear in the matter as the Power of Attorney executed in his favour is cancelled by the Hon'ble Sessions Court, Mumbai. He further states that at present he is not having the Court's Order but it will be submitted within a week to the Office of Official Assignee. He further states that the said Order has challanged before the Hon'ble High Court, which is still pending. INSOLVENT PRAKASH RAMJI THAKKAR ON SOLEMN AFFIRMATION STATES AS UNDER:
I say that my name is Prakash Ramji Thakkar. I am not known by any other name or alias.
I say that I am aware about the Insolvency Petition. I say that I am aware that I have been adjudged as Insolvent by an Order of Adjudication dated 6th September 2017 passed on the Petition filed by Petitioning Creditor.
I say that I am 62 years Old and my date of Birth is 11th August 1956. I say that I born at Kutch, Gujarat State. I am at present residing at:
C/o. Shri Karan Thakkar, Seeta Kutir, Flat No. 103, Veena Nager, Phase 2, Mulund (West), Mumbai 400 I say that the flat is not owned by me. I say that the said Flat is tenanted premises and my nephew Shri Karan Thakkar is tenant. I say that I
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do not know the owner of the said flat because I did not execute any tenancy agreement or Leave & License Agreement. I say that I will produce the copy of leave and license agreement entered into between the Original Owner and Shri Karan Thakkar.
(Insolvent is directed to lodge the Leave and License Agreement, last paid up rent / society charges receipt.) (Registry is directed to write usual letter to the Secretary of the said building as to who is the owner of the said flat and also make inventory of the articles lying therein.) I say that I am not paying any contribution towards rent. I am residing alongwith my wife viz. Mrs. Preeti Prakash Thakkar, aged 59 years and she is a housewife. I am having two sons viz. (1) Shri Harmesh Prakash Thakkar, aged 37 years, Occupation Business. He resides at Mulund, (2) Shri Hardik Prakash Thakkar, aged 34 years, Occupation Service. He resides at Pune. I say that I am residing on the above address since 2015. I say that prior to 2015 I was residing at Baroda on rental basis. I say that I had resided at Mulund, Mumbai upto the year 2012. I say that I do not have any ancestral property. I say that name of my father is Shri Ramji Purushottam Thakkar, aged 85 years old. My father is staying alongwith my brother at Mulund, I say that the name of my
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mother is Smt. Ramaben Ramji Thakkar. She is not alive. She has expired on 2nd January 2017.
I say that I am having a passport but I do not recollect the number of passport.
(Insolvent is directed to lodge the passport with the Office of the Official Assignee on or before the next date.) (Registry is directed to write usual letter to the Passport authority.) I say that I studied upto SSC.
I say that I have a Driving Licence but I do not recollect the number.
(Insolvent is directed to lodge the driving license on or before the next date.) I say that I do not own any vehicle.
I say that I am having a Savings Bank account with Saraswat Co-operative Bank, RRT Road, Mulund (West), Mumbai, bearing Savings Bank Account No. 154200100004416. I say that there are some money lying in the said account.
(Insolvent is directed to lodge the documents relating to the said account such as ATM Card, Passbook, Statement of Account and Cheque Book.)
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(Registry is directed to write usual letter to the said Bank and inform them to close the said account and transfer the amount with the Official Assignee.) I say that I am having pan card and Aadhar Card. I do not recollect the number (Insolvent is directed to lodge the Pan Card and Aadhar Card in the Office of the Official Assignee.) I say that I do not have any joint account with anybody. I say that I was having joint Savings Bank Account bearing A/c. No. 154200100980829 with Saraswat Co-operative Bank Ltd., Jointly with my father. I say that the said account is closed. (Insolvent is directed to lodge the documents relating to the said account such as ATM Card, Passbook, Statement of Account and Cheque Book in respect of the said account.) (Registry is directed to write usual letter to the said Bank and find out the present status.) I say that I had taken Car Loan from Saraswat Co-operative Bank Ltd., RRT Road, Mulund (West), Mumbai and the said loan was paid up.
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I say that the Car owned by me Tata make. I do not recollect the model and the Registration number of the Car. I further say that I had sold the said vehicle 10 months back. I say that I had sold the said car through an agent. I say that I do not have any details of the buyer of the car. I say that there was an outstanding of the car loan and the buyer had paid cost of the car to the Bank.
(Insolvent is directed to furnish the details of the Car and documents relating thereto. The Insolvent is further directed to furnish the details of the sale transaction of the Car.) (Registry is directed to write usual letter to RTO.) I say that I was doing the business in the name and style of Elite Estate. I say that the said firm is partnership firm. The Partners of the firm consisted of (1) Myself (2) My brother Shri Narendra Ramji Thakkar,
(3) My Nephew Karan Rajesh Thakkar and (4) My Son Shri Harmesh Prakash Thakkar.
I say that I am having 25% shares in the said partnership. I say that the said partnership firm is not dissolved, but there are no business. I say that since last 3 years I am not doing any business. I say that the said firm is having its address at 111, Tridev Commercial Complex, Bhakti Marg, Mulund (West), Mumbai 400 080.
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(Insolvent is directed to furnish a true copy of the Partnership Deed to the Office of the Official Assignee on the next date.) (Registry is directed to write usual letter to the Society whether the office of Elite Estate is situated and find out in whose name the said premises stands.) I say that I was also doing the business in the name and style of M/s. Ravi Agencies as a Sole Proprietor. I say that the said business was closed about six years back.
I say that my Sole Proprietor firm is having a bank account with Saraswat Co-operative Bank Ltd., but I am not operating the said account.
(Insolvent is directed to furnish documents relating thereto such as ATM Card, Passbook, Statement of Account and Cheque Book in respect of the said account.) (Registry is directed to write usual letter to the said Bank.) I say that I do not have any investment in fixed deposits. I say that I am having a Locker bearing No. 149 "G" jointly with my wife Mrs. Priti Prakash Thakkar and my daughter in law Mrs. Jankhana Hardik Thakkar.
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(Registry is directed to write usual letter to the Bank and take inventory of the said locker.) I say that the key of the said locker is with my wife Mrs. Priti Prakash Thakkar.
I say that there are two fixed deposits jointly with my wife Mrs. Priti Prakash Thakkar. I say that the money belongs to my wife. I say that for the sake of convenience my name is added as second holder. (Registry is directed to write usual letter to the Bank.) I say that I do not have any Demat account.
I say that I do not have any investment in Shares of any Company or Mutual Funds.
(It appears from the statement provided by Saraswat Cooperative Bank in respect of Account No. 154200100004416 for the period from 1st April 2016 to 20th November 2017 shows there are various transactions done by the Insolvent in respect of the ECS payments made to Frankline Temp Iilec and MIRAE.) (Insolvent is directed to furnish the details of those transactions within two weeks from today.) Per Dy. O.A.:
For want of time, today's Meeting stands adjourned to 18 th April, 2018 at 3.00 p.m.
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DIRECTIONS Insolvent is directed not to leave the jurisdiction of this Hon'ble Court without the prior written permission of the Official Assignee. Insolvent is directed not to carry on any business and not to incur any liability.
Insolvent is directed not to deal with or dispose of any of his properties.
Insolvent is directed to file his Schedules of Assets and Liabilities on or before the next date of the meeting. Insolvent is directed not to operate any of his bank accounts and Credit cards and lodge documents relating thereto. (Insolvent is directed to sign his statement on or before the next date of the meeting.) E.B. Sivakumar Dy. Official Assignee SBK/EBS Prakash Ramji Thakkar.doc