Kapil Puri/ Applicant v. Rupendrasing Arora / Respondent

32 nmis 4-24 in inpt 3-19-os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO.4 OF 2024 IN INSOLVENCY PETITION NO.3 OF 2019 Kapil Puri ... Applicant In the matter of Rupinder Singh Arora ... Petitioning Creditor Vs.

Kapil Puri ... Insolvent and The Official Assignee ... Respondent Ms. Samridhi Lodha i/by Mr. Keegan Almedia, Advocates for the Petitioning Creditor.

Mr. Rohaan Cama with Ms. Jyoti Singh, Mr. Sakil Ansari and Mr. Ashish Jain i/by M/s AJA Legal, Advocates for the Insolvent/ Applicant in the Notice of Motion.

Ms. C. J. Bhatt, Official Assignee with Mr. Subodh Patil, Deputy Official Assignee are present.

Ms. M. R. Parkar, Insolvency Registrar is present. CORAM :

ABHAY AHUJA, J.

DATE :

02 JULY, 2024.

P.C. :

1.

Pursuant to order dated 18th June, 2024, today when the matter was Digitally signed by PRIYA RAJESH SOPARKAR Date:

2024.07.02 20:00:21 +0530 PRIYA RAJESH SOPARKAR called out, Mr. Rohaan Cama, learned counsel for the Insolvent has made detailed submissions with respect to prayer (c) of the Notice of Motion regarding direction to the Official Assignee to return the Insolvent's original driving license to enable the Insolvent to drive the vehicle for commuting purpose. Mr. Cama not only submitted the compilation of the Priya R. Soparkar

32 nmis 4-24 in inpt 3-19-os.doc relevant provisions under the Insolvency and Bankruptcy Code of 2016 ("IBC") applicable in India but also the provisions under the Insolvency Act of 1986 of the United Kingdom, the Insolvency Restructuring and Dissolution Act of 2018 applicable in Singapore with respect to the assets that are usually excluded in the case of an Insolvent. A brief note in support of his submissions as well as with respect to the submissions made on behalf of the Official Assignee and also the conditions that the Court may impose for allowing such a direction for return of the original license has also been tendered.

2.

Ms. Samridhi Lodha, learned counsel for the Petitioning Creditor seeks some time to revert on the compilation as well as on the brief note and make her submissions on the next date. The learned Official Assignee also to revert on the same by the next date. The learned counsel may also circulate material including statement of objects and reasons to the laws in support of their contentions.

3.

Accordingly, at their joint request, list on 6th August, 2024. (ABHAY AHUJA, J.) Priya R. Soparkar