Meena L. Shah (Applicant), M/S. Lakhotia Udyog. v. Rajesh Manmohandas Shah And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 6 OF 2024 IN INSOLVENCY PETITION NO. 95 OF 2001 Meena L. Shah ...Applicant In the matter between Re: Rajesh Manmohandas Shah and Ors.

...Insolvents And Ex-parte : M/s Lakhotia Udyog ...Petitioning Creditor Mr. V. Y. Bhate /b Mr. Anil Bagve for Petitioning Creditor. Mr.Mehul Shah for one of the Debtor.

Ms. C. J. Bhatt, O. A. with Mr. Subodh Patil, Dy. O.A. present. Ms. M. R. Parkar, Insolvency Registrar Present. Mr. Pravin Mahadev Prabhu, Assistant Police Inspector, Juhu Police Station.

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, learned Official Assignee seeks to submit a report with respect to the inspection of the subject Gala No. 18. Digitally signed by NIKITA YOGESH GADGIL Date:

2024.07.18 10:58:56 +0530 NIKITA YOGESH GADGIL 2.

It is submitted that three prospective buyers/brokers have visited the said premises for inspection, however, till date no prospective buyer has shown interest in purchasing the Gala.

1/3

3.

However, Mr. Shah, learned Counsel appears for one of the Insolvents and submits that by letter dated 15th July, 2024, the Official Assignee has been requested to keep the Gala No. 18 open for inspection on 18th and 22nd July, 2024 for the prospective buyers to inspect the said premises.

4.

The Official Assignee to act accordingly, list on 20th August, 2024. Rule Nisi 9 of 2019 5.

Pursuant to the order dated 18th June, 2024, today when the matter is called out, this Court is informed that Mr Prabhu, API attached to Juhu Police Station is present in the Court and seeks to tender a report with respect to the execution of the warrant against the Insolvent No.1-Mr. Rajesh Shah.

6.

A perusal of the report indicates that although an attempt has been made to arrest him, however, he was not found in the place where the police visited. The API present in the Court submits that the Insolvent No. 1 would be arrested as and when found and brought to this Court.

2/3

7.

List on 20th August, 2024 when the API is directed to secure the presence of the Insolvent No. 1-Mr. Rajesh Shah in this Court. (ABHAY AHUJA, J.) 3/3