Sakhi R. Sahjwani vs Abhijit Sarkar And Anr
2017 Latest Caselaw 6292 Bom

                                                 1                         8-irn-4-2017.odt


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

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.)





                                3           8-irn-4-2017.odt