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sbw IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
RULE NISI NO.3 OF 2017
IN
INSOLVENCY PETITION NO.2 OF 2016
Re: Soumit Ranjan Jena .. Insolvent
Exparte:
Indian Steel Infrastrucutre Pvt. Ltd. .. Petitioning Creditor
And
The Official Assignee .. Petitioner
Mr. Anil Agarwal for Judgment Creditor.
Mr. P.M. Patil i/b. Abhineet Pange for the respondent no.1.
Mr. M. D. Narvekar, Official Assignee present.
CORAM : A.K. MENON , J.
DATED : 16TH AUGUST, 2017 P.C. :
1. In the forenoon when this matter was called Advocate Abhineet Pange stated that he had instructions to appear in the matter on behalf of the insolvent and that a colleague would be entering appearance. The matter was kept back in order to enable him to provide the particulars of the Advocate who would be entering appearance on behalf of the insolvent and to record his undertaking to enter appearance.
2. The record indicates that 43 requisitions were raised out of which 5 are partly complied with. During his private examination filed on 13 th ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:51 ::: 2 7.irn-3.17.doc December, 2016, the insolvent stated that his passport had been confiscated by the District Court, Ghaziabad and he has submitted a photo copy of his passport issued on 11 th October, 2012 and which was expiring on 10th October, 2022. The passport was issued from Mumbai. Thereafter enquiries made by the Official Assignee resulted in a communication from the Court at Ghaziabad to the effect that the passport had been returned to the insolvent on 19 th February, 2016.
3. In the circumstances, the statement made by him during his private examination appears to be incorrect. Furthermore, requisition no.30 required to furnish him on or before 17 th February, 2017 the name of his Advocate, telephone number and case number in which the passport had been confiscated. The insolvent failed to furnish the name of the Advocate or his cell number. The record of the Official Assignee is produced today indicates that the Chief Judicial Magistrate, Ghaziabad, has filed a communication dated 4th April, 2017 informed the Official Assignee that the passport had been collected by the insolvent on 19th February, 2016. He has acknowledged receipt of the passport from the Court on 19 th February, 2016 itself as seen from the endorsement seen to have been made on the copy of the order passed by the Chief Judicial Magistrate Court no.8, Ghaziabad, true copy of which since been sent by the said Court to the office of the Official Assignee on 4th April, 2017.
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4. Although Mr. Pange the learned counsel appeared in the forenoon had sought time to obtain instructions and requested that the matter be kept back, on second call Mr.Patil, the learned Advocate appears and states that the insolvent is presently in Pithoragarh in Uttaranchal and is willing to report the nearest local authority. However, Mr. Patil is unable to specify where exactly the insolvent is stationed. It is difficult to accept this submission especially given the fact that the conduct of the insolvent who had collected his passport in person on 19 th February, 2016 yet mislead this Court into behaving that his passport is retained by the Court in Ghaziabad. Furthermore, in view of the order of adjudication, he ought not to have traveled outside the jurisdiction of this Court which he appears to have now done as per instructions given to the learned Advocate appearing today. In the circumstances, I pass the following order:-
(i) Rule Nisi is made absolute.
(ii) Insolvents are directed to be committed to jail for failure to attend the private examination touching their estate and affairs before the Official Assignee and also for not co-operating with the Official Assignee in the Insolvency proceedings.
(iii) The local police station at the insolvent's last known place of residence is directed to assist the Official Assignee for compliance with this order.
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(iv) Meanwhile petitioning creditor is directed to deposit diet charges of Rs.2000/- each to the office of the Official Assignee within one week from today.
(A.K.MENON, J.) ::: Uploaded on - 21/08/2017 ::: Downloaded on - 28/08/2018 16:03:51 :::