Yogesh Atmaram Chandgothia v. M/S. Rajesh Investments A Partnership Firm And Others

18.INPT-14.24.DOCX ppn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by PRACHI PRANESH NANDIWADEKAR Date: 2025.10.06 10:53:13 +0530 PRACHI PRANESH NANDIWADEKAR IN INSOLVENCY INSOLVENCY PETITION NO.14 OF 2024 RE:

M/s. Rajesh Investments & Anr.

.. Judgment-debtors Ex parte Yogesh Atmaram Chandgothia .. Judgment-creditor _____________________________________________________ Ms. Disha Parekh for the Judgment-debtor.

Mr. Girish Kedia a/w Mr. Manoj Agre and Mr. Krushang Kedia for petitioning-creditor.

Ms. C. J. Bhatt, Official Assignee a/w Mr. Subodh Patil, Deputy O.A. and Mr. D. B. Iswalkar, 1st Assistant O.A. present.

______________________________________________________ CORAM : Jitendra Jain, J.

DATED : 3 October 2025 PC:- 1.

Ms. Parekh, learned counsel appearing for judgmentdebtors states that within two weeks from today, she will give details of the partners i.e. name, address, pan card numbers to the advocate for the petitioning-creditor. 2.

On receipt of the said details, the petitioning-creditor will take steps, if he so desire, to make the partners as parties to present proceedings. Such steps, if any, to be taken within four weeks from the date of receipt of all the details.

18.INPT-14.24.DOCX 3.

In this case, City Civil Court had drawn up decree for Rs.35,97,386/- which along with interest and cost works out to Rs.41,23,518/-. Decree was passed on 5 March 2024. Till today i.e. October 2025, there is no challenge to the said decree. Therefore, insofar as the partnership firm M/s. Rajesh Investment is concerned, is unable to pay decreetal amount and, therefore, there is no justification given by the learned counsel for judgment-debtor no.2 as to why the amount is not paid till date.

4.

In view of the above, this Court deems fit to pass an order for adjudication against judgment-debtor no.1. 5.

Petition accordingly stands disposed.

6.

The Official Assignee to take necessary steps in accordance with the law and procedure and to invest the amount so realized from the estate of the Insolvents/ Insolvents Firms with any Nationalized Banks as per circular issued by the Office of the Prothonotary and Senior Master. (Jitendra Jain, J)