Meena L. Shah (Applicant), M/S. Lakhotia Udyog. v. Rajesh Manmohandas Shah And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS INSOLVENCY JURISDICTION Digitally signed by JITENDRA SHANKAR NIJASURE Date:
2025.07.02 18:35:24 +0530 JITENDRA SHANKAR NIJASURE NOTICE OF MOTION NO.6 OF 2024 IN OFFICIAL ASSIGNEE REPORT NO.1 OF 2023 IN INSOLVENCY PETITION NO.95 OF 2001 Meena L. Shah ...Applicant In the matter between Rajesh M. Shah ...Applicant / Orig. Debtor No.1 Smt. Bharati Jitendra Shah & Vinodchandra R. Sheth
...Respondent
Nos.2 and 3 (Ori.
Debtor Nos.2 and Ex-parte M/s. Lakhotiya Udyog ...Petitioning Creditor ---------- Ms. C.J. Bhatt, Official Assignee with Mr. Subodh Patil, Deputy OA. And Mr. D.B. Iswalkar 1st Asstt. OA present.
Ms. Rekha Rane, Insolvency Registrar present. Mr. Anil Bagwe, for the Petitioning Creditor. Mr. Mehul Shah for Applicant in NMIS No.6 of 2024. ---------- CORAM : R.I. CHAGLA J.
DATE : 1ST JULY, 2025.
ORDER :
1.
By this Notice of Motion, the Applicant / Debtor No.2 in Insolvency Petition No.95 of 2001 has sought for recall of Order 1/3
dated 23rd June, 2023 passed in Official Assignee Report No.1 of 2023. By the said Order, the Official Assignee Report No.1 of 2023 had been made absolute in terms of prayer Clauses (a) to (c). 2.
Prayer Clause (a) is with regard to permission to sell the Gala No.18, J.K. Industrial Estate, Off. Mahakali Caves Road, behind Holy Family High School, Andheri (East), Mumbai 400 093 by public auction or private treaty to realize the value for the benefit of general body of creditors of the insolvents.
3.
The Applicant has stated that the said Order had been passed exparte as notice upon the Applicant remained to be served. This has also been served by the learned Official Assignee in paragraph 10 of the Affidavit in Reply dated 4th March, 2024. 4.
The learned Counsel appearing for the Applicant has submitted that the sale of Gala No.23 has been sought by the learned Official Assignee and accordingly sale of Gala No.18 may be stayed till then.
5.
Considering the averments in the Affidavit in Support of Notice of Motion and relief sought, it appears that the learned Official Assignee had filed another Official Assignee Report No.18 of 2023 for permission to take physical possession or formal possession 2/3
of the Gala premises No.18 / 23. Thereafter, the learned Official Assignee has sought permission for withdrawal of Official Assignee Report No.18 of 2023 and liberty to take out fresh Official Assignee Report. In view thereof, Official Assignee Report No.21 of 2023 had been taken out for possession and sale of Gala No.23. In view thereof, the relief sought for in this Notice of Motion has become infructuous, considering that now the sale of gala No.23 has been sought by the learned Official Assignee in Report No.21 of 2023 which has been allowed by this Court.
6.
At this stage, the learned Counsel appearing for the Applicant has pointed out that upon the Official Assignee Report No.21 of 2023 being allowed by this Court, an auction had been held which was not successful and accordingly, the learned Official Assignee has filed Official Assignee Report No.24 of 2025. The said Report has been allowed by order dated 6th May, 2025. 7.
Accordingly, this Notice of Motion is disposed of. There shall be no order as to costs.
[ R.I. CHAGLA J. ] 3/3