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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS INSOLVENCY 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 & ORS.

)...INSOLVENTS AND.

EXPARTE : M/S. LAKHOTIA UDYOG )...PETITIONING CREDITOR Mr.Anil Bagwe, Advocate for the Petitioning creditor. Mr.Mehul Shah, Advocate for the Respondent no.2. Ms.C.J.Bhatt, Official Assignee a/w. Mr.Subodh Patil, Deputy Official Assignee, present in Court.

Ms.M.R.Parkar, Insolvency Registrar, present in Court. Mr.Prabhu, Assistant Police Inspector, Juhu Police Station, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

20th AUGUST 2024 P.C. :

1.

Today, when the matter is called out, this Court is once again Digitally signed by ARTI VILAS KHATATE Date:

2024.08.23 14:56:09 +0530 ARTI VILAS KHATATE informed by the Assistant Police Inspector of Juhu Police Station, who is present in Court, that despite several efforts, the Insolvent No.1 could avk 1/3

not be arrested, although there were clear directions from this Court and an assurance given to this Court, as recorded in paragraph 6 of the order dated 16th July 2024, that the Insolvent no.1 would be arrested as and when found and brought to this Court.

2.

Being disappointed with the efforts put in by the Police department, this Court directs the Commissioner of Police, Mumbai, to have the Insolvent no.1 arrested as and where found and to treat this order as a standing non-bailable warrant of arrest and to produce the Insolvent no.1 Mr.Rajesh Shah, who has been evading and avoiding this Court for atleast over an year now. This reflects very poorly on the efficiency of the Mumbai Police, which otherwise has a reputation of being one of the most efficient Police forces in the world. 3.

Let Mr.Rajesh Shah, the Insolvent no.1, be brought to this Court on 3rd September 2024 at 10.30 a.m.

4.

Let a copy of this order be sent for necessary action to the Commissioner of Police, Mumbai along with copies of the previous orders passed in this matter for securing the presence of Mr.Rajesh Shah, Insolvent no.1 before this Court.

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5.

All to act on an authenticated copy of this order. 6.

List on 3rd September 2024.

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