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Bombay High CourtINPT/1/2024dismissed

M/S. Shreeji International And Co Own Petitioner v. Own Petition

2024-09-25Hon'Ble Shri Justice Jitendra Shantilal Jain3 pages

IN THE HIGH COURT AT BOMBAY

IN INSOLVENCY INSOLVENCY PETITION NO. 1 OF 2024 Re: M/s. Shreeji International & Ors .....Petitioner/Debtor Before : Insolvency Registrar, High Court, Bombay.

Date : 25th September, 2024 at 12.30 p.m.

Present:

Mr. Prashant Laxman Rathod, Advocate for Petitioner/Debtor. Mr. Satish B. Vasani, Petitioner/Debtor present. CALLED FOR PRELIMINARY EXAMINATION :

This is the adjourned meeting of 9th August, 2024 fixed for the Prelimary Examination of the Debtor/Petitioner. Today, the Advocate for the Debtor/Petitioner had tendered the compilation of documents which contains the copy of the account statement of HDFC Credit Card and SBI Credit Card and same is taken on file. Both the statement shows the transaction from January, 2023 to December, 2023 and January 2022 to February, 2024 respectively.

SATISH BATUKLAL VASANI, AGED 63 YEARS ON SOLEMN AFFIRMATION STATES AS UNDER:

Presently, I am residing at Dombivali, the said residential premise is on rental basis. The rent is paid by my son.

I have not taken any personal loan for the purpose of Partnership Firm.

: 2 :

I do not have any Fixed Deposit in my name as well as jointly with anybody else.

I have neither filed any Civil or Criminal case against anybody else nor any Civil or Criminal Cases are pending against me. Except 7 cases filed against Partnership Firm where I am representing as a Partner. I was having HDFC Credit Card since 2005 and SBI Credit Card since 2018. As I was having statement of HDFC Bank since December 2022 and SBI since January 2023, I have filed the same after the closure of partnership firm. I was paying the Credit Card bills from my Personal Saving Account. I say that, HDFC Bank had blocked the card, at the time, the total outstanding dues was approximately Rs.40,000/- (Rupees Forty Thousand Only) and in case of SBI, the total outstanding was Rs.1,27,000/-(Rupees One Lakh Twenty Seven Thousand Only) approximately. I say that, I have not received any notice for recovery of the said amount from HDFC as well as SBI Bank. I have not purchased any property before closure of Partnership Firm.

I dont have any shares/debentures of any authority. I am not a trustee of any trust or beneficiary of any trust. I am not a member of any club or chit fund.

I have not speculated in stock exchange or any shares. I have not transferred or gifted any property to anyone during the period of last 2 years preceeding my present application. I am not involved in gambling.

: 3 :

I dont have any government liabilities such as GST, Income Tax. I say that, as I do not have capacity to re-pay the liabilities mentioned in the petition.

I say that, I have committed an act of Insolvency by presenting this Petition on 15th July, 2023.

I, therefore pray to this Hon'ble Court that I may be adjudicated as an Insolvent.

All undertakings are accepted.

Per Insolvency Registrar :

The Petition abovenamed has been examined as to the genuinity of Debtor's statement in the Petition. Hence, his preliminary examination closed. Petitioner/Debtor abovenamed directed to lodge the Certified Copies of the Preliminary Examination with the Office of the Official Assignee and comply with the requisitions.

The Petitioner/Debtor abovenamed has been examined and submitted proof of his residence in Mumbai and also had submitted the relevant documents about his liability. Accordingly he has filed the Petition for adjudication under the provisions of Presidency Towns Insolvency Act, 1909. Hence preliminary examination is closed.

Debtor/Petitioner INSOLVENCY REGISTRAR MAS/MRP INPT 1 OF 2024 Shreeji International.odt