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Bombay High CourtNMIS/2/2025dismissed

Powertech Tools Private Limited, Applicant v. Anant V. Hegde And ANR.

2025-03-04Hon'Ble Shri Justice Abhay Ahuja2 pages

27. NMIS 2-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO.2 OF 2025 IN INSOLVENCY PETITION NO.71 OF 2006 In the matter of Powertech Tools Private Ltd.

...Applicant Vs.

Anant V. Hegde and Ors.

...Respondents

Mr.Farhan Dubash a/w Ms.Dipali Sheth, Mr.Shubham Mehta, Mr.Mohil Mudaliar i/b Eternity Legal, Advocate for the Applicant-Powertech Tools Private Limited in NMIS-2-2025.

Mr.Y.S. Bhate a/w Mr.Anil P. Bagwe, Advocate for the Insolvents in NMIS-2-2025.

Mr.A.R. Bamne i/b M/s. A.R. Bamne & Co., Advocate for the Respondent No.3 in NMIS-2-2025.

Ms. C.J. Bhatt, Official Assignee with Mr. D.B. Iswalkar, 1st Assistant Official Assignee, present.

Ms. Rekha Rane, Insolvency Registrar, present.

CORAM

:

ABHAY AHUJA, J.

DATE :

4th MARCH 2025 P.C. :

1.

Pursuant to the order dated 4th February, 2025, today when the matter is called out, Mr. Dubhash, learned Counsel appears for the Applicant and submits that after considering the legal position, he has instructions to proceed with this Notice of Motion. 2.

Upon a query from the Court as to whether the service of this Notice of Motion has been effected on all the parties, Mr. Dubhash Digitally signed by NIKITA YOGESH GADGIL Date:

2025.03.04 19:06:38 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2

27. NMIS 2-25.doc submits that although all the Respondents are served, as far as the service to the Respondent No. 4 is concerned, the packet has been returned as undelivered.

3.

Mr. Dubhash seeks some time to effect substituted service by affixing on the last known address, submitting that the as per the MCA records the address of the Respondent No. 4 is as contained in the cause title.

4.

Let the Respondent No. 4 be served by affixation on the last known address and an appropriate affidavit of service be filed. 5.

Mr. Bhate, learned Counsel appears for the Respondents No. 1 and 2-Insolvents and seeks some time to file response to this Notice of Motion.

6.

Mr. Bamne, learned Counsel appears for the Respondent No.3 and also seeks some time to place a short affidavit before this Court. 7.

Let reply be filed within a period of two weeks with copy to others. Rejoinder in a week thereafter with copy to others. List on 1st April, 2025.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2