Neeraj Mohan Agarwal And Another, Applicant/ M/S. Pawan Chemicals, Judgement Creditor v. M/S. Pawan Chemicals

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2026.03.16 14:13:38 +0530 PRACHI PRANESH NANDIWADEKAR IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO. 4 OF 2025 IN INSOLVENCY NOTICE NO. N/17 OF 2024 NEERAJ MOHAN AGARWAL & ANR.

.. APPLICANTS/JT. DEBTORS V/S.

EX PARTE M/S. PAWAN CHEMICALS .. RESPONDENT/JT. CREDITOR WITH INSOLVENCY PETITION NO. 3 OF 2025 _____________________________________________________ Mr. Girish B. Kedia a/w Ms. Ujwala Karpe and Mr. Manoj Agre for the petitioning-creditor.

Ms. Rebecca Almeida i/by Dr. D. S. Hatle for the applicants/ Judgment debtors.

Ms. C. J. Bhatt, Official Assignee a/w Mr. Subodh Patil, Deputy O.A. present.

Ms. Rekha Rane, Insolvency Registrar present. ______________________________________________________ CORAM : JITENDRA JAIN, J.

DATED : 13TH MARCH,2026 PC:- 1.

This matter has been adjourned on various occasions for the advocate for the judgment-debtors to make an application before the City Civil Court and get clarification.

2.

On 13 February 2026, in the present motion, the observation was made with regard to the application pending

before the City Civil Court which was listed on 25 February 2026. A specific direction was given by this Court that on the said date, none of the parties should seek any adjournment and the Court was requested to hear the parties and pass appropriate order in the application. This was to enable this Court to adjudicate upon the motion filed in the proceedings.

3.

Inspite of above specific order, on 5 March 2026, the judgment-debtors appeared before the City Civil Court and requested for time on the ground that his advocate is not available.

4.

The applicants inspite of my order dated 13 February 2026 and in defiance of the same, sought adjournment. 5.

The conduct of the judgment-debtors appears to be to prolong and delay the matter. This conduct is highly deprecable and this Court cannot allow any litigant to take the Court for a right.

6.

Today again, Ms.Almeida, learned counsel appearing for the judgment-debtors requests that some time may be given to enable her senior to argue.

7.

The order of 13 February 2026 was passed in the presence of Dr. Hatle on whose ground, the adjournment is sought today. Disapproving the conduct of the judgment-debtors but giving one more opportunity as a last chance, the present motion is adjourned to 27 March 2026 subject to payment of cost of Rs.25,000/- to be paid to Tata Memorial Hospital, E. Borges Road, Parel, Mumbai - 400 012. The cost should be paid on or before the next date of hearing. If the cost is not paid, the judgmentdebtors would be declared insolvent without further reference to the Court.

8.

It is made clear that on 27 March 2026, no adjournment will be granted further on any ground by this Court. (Jitendra Jain, J)