Sarita Mahesh Saraf v. Ravie Lalpurria
Before: Mrs. Chandan J. Bhatt Official Assignee, High Court,Bombay Date: 4th July, 2025 at 12.30 p.m.
Re: Ravie Lalpurria Insolvency Petition No. 17 of 2024 Date of Act of Insolvency...
28.11.2024 Date of Petition ...
29.11.2024 Date of Order of Adjudn ...
18.04.2025 ------------------------------------------------------------------------------------------ Insolvent : Absent Advocate for the Insolvent: Shri K.B. Munde i/by Ashok M. Sarogi Advocate for the Petitioning Creditor: Mrs. Ujjwala Karpe i/by G.B. Kedia 1.
This is an adjourned meeting fixed for the private examination of the Insolvent touching his estate and affairs. 2.
Advocate for the Insolvent has already addressed a letter to this Office submitting that Kiran Ravie Lalpurria, wife of the Insolvent is not feeling well and as no one in his family to take care of her. So he is required to stay at home for the purpose of looking after and in view thereof, Insolvent could not attend the meeting and seek for adjournment. 3.
In his letter he has further stated that, the Insolvent has already paid an amount of Rs.25 lacs each to each of the Petitioners i.e. in total of Rs.50 lacs through their well-wishers and accordingly, the settlement talks are still going on.
4.
Advocate for the Insolvent present today tendered two photo copies of the amount of Rs.1 Crores transferred through RTGS on 3rd July,
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2025 to the Dheeraj Agarwal, Petitioning Creditor alongwith acknowledgments having seal of the Canara Bank, J.B. Nager, Andheri (East), Mumbai.
5.
Advocate for the Petitioning Creditor states that she is not aware about the payment made by the well-wishers of the Insolvent. 6.
It is pertinent to note that after adjudication Order adjudged as an Insolvent, Insolvent cannot act like a normal person and pay directly to the Petitioning Creditor without informing the Official Assignee. If the matter is settled between the parties then Insolvent can take out proceedings for the annulment under Section 21 of the Presidency Towns Insolvency Act, 1909.
7.
In order to confirm the aforesaid facts Advocate for the Petitioning Creditor is directed to verify from the Petitioning Creditor about the settlement talks and amount received by him. 8.
Advocate for the Petitioning Creditor submits that, Advocate for Insolvent addressed a letter to the Office of the Official Assignee of Rs.50 lacs and RTGS of Rs.1 Crores, however, the Advocate for Insolvent has not provided copy to the Advocate for the Petitioning Creditor, hence Advocate for the Insolvent may be directed to provide the copies of the letter or any correspondence or documents he may address to Official Assignee to the Advocate for Petitioning Creditor also.
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9.
Advocate for the Insolvent is directed to provide copy of the correspondence to the Advocate for the Petitioning Creditor. Per O.A.:
10.
By consent, today's meeting stands adjourned to 22nd July 2025 at 12.30 p.m.
Later on at 1.30 p.m.
Advocate for the Petitioning Creditor mentioned the matter again and submits that amount as mentioned by the Advocate for the Insolvent which is paid to the Petitioning Creditor by the Insolvent, as per instructions, amount has not been received by the Petitioning Creditor. Advocate for the Insolvent submits that he has confirmed that his client made payment to the Dheeraj Agarwal and on phone call said Shri Dheeraj Agarwal has accepted / confirmed that he has received the said amount.
Anyway the matter is placed on 22nd July, 2025 in the meantime if any progress then Advocate for the Insolvent and Advocate for the Petitioning Creditor to inform the Official Assignee. (Chandan J. Bhatt) Official Assignee SBK/CJB /home/ubuntu/Desktop/ minutes of OA 2022/Ravie Lalpurria.doc