Arpan Leasing Company Limited vs Bhawanishankar Harishchandra ...
2017 Latest Caselaw 6331 Bom

                                        1                              20.nmis-19.17.doc

sbw            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION


                           NOTICE OF MOTION NO.19 OF 2017
                                               IN
                                  INSOLVENCY N/30 OF 2016

      Bhawanishankar Harishchandra Sharma             .. Applicant/Judgment Debtor
      In the matter of
      Exparte:-
      Arpan Leasing Company Limited                   .. Judgment Creditor
               And
      Bhawanishankar Harishchandra Sharma             .. Judgment Debtor/Applicant


                                             WITH
                           NOTICE OF MOTION NO.25 OF 2017
                                              IN
                         INSOLVENCY PETITION NO.19 OF 2016


      Mr. Sanjay Jain a/w Bhavin Gada & Anjali Trivedi i/b. V. Thakers for the
      applicant/insolvent.
      Mr. M.D. Narvekar, Official Assignee present.


                                            CORAM : A.K. MENON , J.

DATED : 16TH AUGUST, 2017 P.C. :

1. The notice of motion no.19 of 2016 seeks an order of setting aside the

insolvency notice no.30 of 2016 whereas notice of motion no.25 of

2017 seeks recall of the order dated 20 th December, 2016 and the stay

of the order of the adjudication.

2. It is the case of the applicant that they have paid more than the

2 20.nmis-19.17.doc

decreetal amount to the petitioning creditor. Vide order dated 23 rd

March, 2017 statement of counsel for the applicant was recorded to

the fact that there were no other creditors and since the petitioning

creditor has sought time to file affidavits in reply time was granted and

in the meantime ad-interim relief in terms of prayer clause (d) was

granted staying the effect and implementation and operation of the

order of the adjudication dated 20 th December, 2016.

3. No affidavit in reply has been field till date. MR. Jain the learned

counsel for the applicant states that no copies of any affidavit in either

of the two motions have been served upon instructing Advocates. The

Advocates for the petitioning creditor were absent in the morning, the

matter was kept back, however, even on second call none appears for

the petitioning creditor.

4. In the circumstances, the Advocates for the applicant are directed to

intimate the Advocates for the petitioning creditor that this matter was

listed today was kept back and no reply have been filed, one more

opportunity is granted to the petitioning creditor for filing affidavit in

reply, if any, on or before 23rd August, 2017.

5. In the event, replies are served upon the applicant. Rejoinder, if any, to

be filed on or before 31st August, 2017.

th

6. Stand over to 6 September, 2017.

7. The Advocates for the applicant shall also forward copy of this order

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along with their notice. No adjournment will be granted on the next

occasion.

(A.K.MENON, J.)