Tej-Cab Enterprises Pvt. Ltd v. S. B. Singh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INSOLVENCY PETITION NO. 5 OF 2024 Tej-Cab Enterprises Pvt Ltd ...... Judgment Creditor V/s.

S. B. Singh ...... Debtor With INSOLVENCY PETITION NO. 6 OF 2024 Shripal K. Shah ...... Judgment Creditor V/s.

S. B. Singh ...... Debtor Before : Insolvency Registrar, High Court, Bombay.

Date : 15th April, 2026 Present: None for the Debtor.

None for the Judgment Creditor.

CALLED FOR SETTLING DRAFT ORDER OF ADJUDICATION : Today, the matter is listed for settling the draft of order of adjudication. I have perused the petition. The present petition was listed before the Hon'ble Court on 6th February, 2026 and the Hon'ble Court after hearing the parties pleased to pass the order of adjudication and allowed the petition. It is to be noted that, the matter was produced before me on 10th April, 2026 for scrutiny of the draft of the order of adjudication. Since, there is a delay of compliance of the order passed by the Hon'ble Court, I directed the Section Officer to submit an explanation on/before next date i.e. 15th April, 2026 as why there is a delay in settling the draft order of adjudication when the order of adjudication was passed by the Hon'ble Court on 6th February, 2026.

: 2 :

Today, at the time of the hearing, none of the parties present, the Assistant Section Officer produced an e-mail dated 15th April, 2026 of Section Officer who is on leave today due to ill health. I have perused the said e-mail. In the said e-mail, the Section Officer given her explanation for delaying compliance of the order passed by the Hon'ble Court and to settle the draft order of adjudication for more than 2 (two) months. I have perused the said explanation. The said explanation is not satisfactory. It is to be noted that, when the concerned Assistant of the Section who is working under Section Officer is on leave, the said matter is not required to be kept without taking any steps and it is due duty of Section Officer to do the needful.

The Section Officer could have proceeded with the matter and taken guidance of the Insolvency Registrar or from the Officer who is having charge of Insolvency Registrar. It was the duty of the Section Officer to informed the same to Insolvency Registrar as well as in case of absence of the Insolvency Registrar to I/c. Insolvency Registrar or from the learned Official Assignee in case of any difficulty. In the said explanation the Section officer has tendered sincere apology for the same. The said apology tendered by Section Officer and explanation is taken on record. The Section Officer is directed to act promptly henceforth and diligently in compliance of her duties as a Section Officer. Assistant Section Officer is directed to take this explanation on record and should be kept in file of both these proceedings alongwith this order.

The Assistant Section Officer is also directed to scan the said reply and to be placed with the present order.

: 3 :

Today, none of the parties are present. The draft order of adjudication is settled and Section Officer is directed to make further compliance as per rules. INSOLVENCY REGISTRAR MAS/RVR INPT 5 & 6 OF 2024.odt