Meena Ashok Thakkar Through Her ... vs Chandrikaben K. Thakkar
2017 Latest Caselaw 6329 Bom

                                                                   21-nmis-20-2017.odt


rrpillai             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION
                             NOTICE OF MOTION NO. 20 OF 2017
                                                 IN
                             INSOLVENCY NOTICE NO. 11 OF 2017


       Chandrikaben K. Thakkar                               ... Judgment Debtor
                vs
       Meena Ashok Thakkar through                           ... Judgment Creditor
       her Constituted Attorney
       Mr. Rajendra M. Sayani


       Mr. Mehul Shah for the Judgment Debtor.
       Mr. R. V. Govilkar for the Judgment Creditor.
       Mr. M. D. Narvekar, Official Assignee present.


                                                  CORAM : A. K. MENON, J.

DATED : 16 th AUGUST, 2017

P.C. :

1. Learned Counsel for the applicant / Judgment Debtor states that the

notice in this matter was based on decree passed in Suit No. 7868 of 1996

and that the first appeal filed against the said judgment and decree being First

Appeal (stamp) No. 7431 of 2017 has been admitted vide order dated

2nd August, 2017. In Civil Application No. 1269 of 2017 taken out in the

first appeal, the order dated 2 nd August, 2017 records that the decretal

amount along with accrued interest has been deposited. In view of the

pendency of the first appeal and deposit of the amount on the basis of which

insolvency notice claimed to be issued, this motion will have to be allowed.

21-nmis-20-2017.odt

2. In the circumstances, I pass the following order :

(i) Notice of motion is made absolute in terms of prayer clause (a).

(ii) Notion of motion disposed of in the above terms.

(A. K. MENON, J.)