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Bombay High CourtNMIS/12/2025absolute

Jwaladutta Jankidas Huf Through Karta, Anil Nandlal Kainya, Applicant v. Malati Jayant Soni And ORS.

2025-07-01Hon'Ble Shri Justice Jitendra Shantilal Jain3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.07.03 15:14:40 +0530 IN ITS INSOLVENCY JURISDICTION JITENDRA SHANKAR NIJASURE NOTICE OF MOTION NO.12 OF 2025 IN INSOLVENCY PETITION NO.2 OF 2024 Jwaladutta Jankidas HUF ...Applicant Thru Karta, Anil Nandlal Kainya In the matter between Re:- Malati Jayant Soni & Ors.

...Judg. Debtors

Versus

Jwaladutta Jankidas HUF Thru Karta, Anil Nandlal Kainya ...Judg. Creditor ---------- Ms. C.J. Bhatt, Official Assignee with Mr. Subodh Patil, Deputy O.A. and Mr. D.B. Iswalkar, 1st Assistant OA present. Ms. Rekha Rane, Insolvency Registrar Present. Ms. K.S. Lalwani for the Petitioner Creditor. Mr. Girish Kedia with Krushang Kedia for the Petitioning Creditor. Mr. Anuuj N. Narula i/b. Jhangiani Narula and Associates for the Judg. Debtor.

Sunanda R. Kumbhat with Kunal Kumbhat for the Applicants. ---------- CORAM : R.I. CHAGLA J.

DATE : 1ST JULY, 2025.

ORDER :

1.

Mr. Narula the learned Counsel appearing for the Judgment Debtors has sought for time to take inspection of the insolvency notice.

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2.

By the Order dated 15th April, 2025, a last chance had been given to the Judgment Debtor to file Reply within a period of two weeks. The inspection sought by Mr. Narula had been offered in the year 2024 pursuant a letter addressed by the Advocates for the Judgment Debtor dated 15th April, 2024. There is an Affidavit of Service which has been filed on 12th December, 2023 which shows that the Insolvency notice along with acknowledgment had been served on the Judgment Debtor.

3.

Considering that Mr. Narula has sought inspection of the Insolvency Notice, the matter is being stood over as a final opportunity to take inspection and file Affidavit in Reply. In the event there is no Affidavit in Reply filed prior to the next date, the Notice of Motion will be heard without Reply.

4.

Accordingly, the Judgment Debtor shall take inspection from the Insolvency Registrar of the Insolvency Notice within a period of one week from today.

5.

The Judgment Debtor shall file Affidavit in Reply within 2/3

a period of two weeks thereafter.

6.

The Notice of Motion shall be placed on 5th August, 2025. There shall be no further adjournment granted. [ R.I. CHAGLA J. ] 3/3