Indian Steel And Infrastructure ... vs Soumit Ranjan Jena
2017 Latest Caselaw 6342 Bom

                                         1                                    7.irn-3.17.doc

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

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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.)