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

IN THE HIGH COURT AT BOMBAY

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

Date : 28th June, 2024 at 12.30 p.m.

Present:

Mr. Prashant Laxman Rathod, Advocate for Petitioners/Debtors. Mr. Ashok Damji Thakkar, Petitioner/Debtor present. CALLED FOR PRELIMINARY EXAMINATION :

This is an adjourned meeting fixed for the Prelimary Examination of the Debtor/Petitioner.

ASHOK DAMJI THAKKAR, AGED 65 YEARS ON SOLEMN AFFIRMATION STATES AS UNDER:

I have received demand notice from Banks from whom I have borrowed amounts.

I have not replied to notice as I am unable to repay dues. I have annexed all the notices to the compilation which I have already filed last time.

In my Saving Account, I have minimum balance which is insufficient to pay the outstanding against me. I say that, I have no properties either movable/Immovable or any of other nature in my name.

I do not have any locker in my name or jointly with anybody else in any bank in Mumbai or anywhere else.

: 2 :

I do not have any Jewellery.

I say that I am not a member of any trust and/or beneficiary under trust or any will or any other testamentary application. I do not hold any ancestral or landed property in my name. I have not filed any Civil or Criminal matter against anybody. I say that there are 2 Arbitration Awards, 2 Complaints u/s. 138 of Negotiable Instruments Act, 1881 and 1 Execution Application pending against me.

I do not have any shares in Public/Private Limited Companies either in my name or jointly with anybody else. I do not have any Fixed Deposit in my name as well as jointly with anybody else.

I neither have any Post Office Saving Account nor a member of any chit fund or any club.

I say that one residential premise was purchased by my wife in 2006 but same has been in the joint name of myself and my wife. The said property has been transferred by way of gift deed solely in her name in the month of November 2020, the amount to purchase the said property has been paid from her Account.

I say that, I have no capacity to repay the liability mentioned in the Petition.

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

: 3 :

I say that, this is my first voluntary petition and no Creditors have filed any Insolvency Petition against me in this Hon'ble Court and/or any other competent Court.

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 hs filed the Petition for adjudication under the provisions of Presidency Towns Insolvency Act, 1908. Hence preliminary examination is closed.

Debtor/Petitioner INSOLVENCY REGISTRAR