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rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
RULE NISI NO. 4 OF OF 2017
IN
INSOLVENCY PETITION NO. 1 OF 2013
Re : Abhijit Sarkar & Anr. ... Insolvent
v/s.
Ex-parte
Sakhi R. Sahjwani ... Petitioning Creditor
Ms. K. S. Lalwani for the Petitioning Creditor.
None for the Insolvents.
Mr. M. D. Narvekar, Official Assignee present.
CORAM : A. K. MENON, J.
DATED : 16 th AUGUST, 2017 P.C. :
1. On 3rd July, 2013 one Mr. Abhijit Sarkar and Ms. Nayana Abhijit Sarkar were adjudicated insolvents for acts of insolvency committed on 13 th October, 2010. The office of the Official Assignee had fixed appointment for private examination of the insolvent on 7 th June, 2017 and 27th June, 2017. However the insolvent no. 1 Mr. Abhijit Sarkar was absent in the private examination.
2. Subsequently the record indicates that the Official Assignee had sent an intimation to the said Mr. Abhijit Sarkar directing him to remain present and ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:03:46 ::: 2 8-irn-4-2017.odt comply with the requisitions. The Advocates for the insolvent were also apprised of this date fixed for appearance. It appears that he has failed to comply with the requisition. His Advocates have also remained absent. In all there are 20 requisitions none of which have been complied with.
3. The Official Assignee has since filed a petition seeking issuance of Rule Nisi against insolvent no. 1 which in my view deserves to be allowed. In the circumstances, I pass the following order :
(i) Rule Nisi is made absolute in terms of prayer clause (a) and (b).
(ii) Insolvent no. 1 is directed to be committed to jail for failure to attend the private examination touching his estate and affairs before the Official Assignee and failure to co-operate with the Official Assignee in the Insolvency proceedings.
(iii) The local police station at the insolvent no.1's last known place of residence is directed to assist the Official Assignee in complying with this order.
(iv) Meanwhile the petitioning creditor is directed to deposit diet charges of Rs.2000/- each to the office of the Official Assignee within two weeks from today.
(A. K. MENON, J.)
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