Rajesh S/O Dayaldas Narwani /Applicantsicom Ltd., v. Rajesh S/O Dayaldas Narwani/ Chetan Dhanomal Bablani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.5 OF 2024 IN INSOLVENCY PETITION NO.101 OF 2006 Rajesh Dayaldas Narwani ...Applicant Ex-Parte :- Silcom Limited ...Petitioning Creditor Vs

1. Chetan Dhanomal Bablani and Ors

...Respondents/Debtors

Mr. Mishra for Applicant.

Ms. Sana Khan, Advocate for the Petitioning Creditor. Ms. Daksha A. Parmar, Advocate for Respondent No.1. Mr. Hiten Lala, Advocate for Respondent No.2. Ms. C.J. Bhatt, Official Assignee a/w Mr. Subodh Patil, Deputy Official Assignee is present in Court.

Ms. M.R. Parkar, Insolvency Registrar is present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

16th JULY, 2024 P.C. :

1.

Pursuant to the order dated 18th June, 2024, today when the matter is called out, Mr. Lala, learned Counsel appears and submits that he has instructions to file vakalatnama on behalf of Respondent No. 2 Digitally signed by NIKITA YOGESH GADGIL Date:

2024.07.18 10:58:57 +0530 NIKITA YOGESH GADGIL and that once copy of the Notice of Motion is furnished to him the vakalatnama can be filed.

1/3

2.

Let the copy of the Notice of Motion be furnished to the Advocate for Respondent No.2.

3.

Ms. Parmar, learned Counsel appears for the Respondent No. 1 and also undertakes to file vakalatnama and reply affidavit supporting the case of the Applicant.

3.

None appears for the Respondent No.3.

4.

Mr. Mishra, learned Counsel for the Applicant and the learned Official Assignee submit that notice is issued to Respondent No. 3 as he is the one who has made the illegal transfer. 5.

Having heard the learned Counsel and having considered the submissions, following order is passed:-

ORDER

i) Registry to issue notice to the Respondent No. 3 directing him to remain present in the Court on the next date as well as to appear before the Official Assignee in the private examination as and when required by the Official Assignee.

2/3

ii) Let replies to the Notice of Motion be filed by 6th August, 2024 with copy to the other side. Rejoinder, if any, by 20th August, 2024 with copy to the other side. List on 20th August, 2024. (ABHAY AHUJA, J.) 3/3