Vasumati K. Mehta vs Nilesh Ramniklal Veera And Anr. ...
2022 Latest Caselaw 8054 Bom

                                                                                30.nms.34.2018.doc

         Digitally
         signed by

GANESH
         GANESH
         SUBHASH                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH LOKHANDE
LOKHANDE Date:
         2022.08.22
         11:54:40
         +0530
                                          IN ITS INSOLVENCY JURISDICTION

                                          NOTICE OF MOTION NO. 34 OF 2018
                                                            IN
                                               NOTICE NO. N/13 OF 2018


                      Veera Shelters LLP & Ors.                      .. Applicants
                                                                     (Org. Judgment Debtors)

                                Vs.

                      Vasumati K. Mehta                              .. Respondent
                                                                     (Org. Judgment Creditor)

                      Sonal Deulkar i/b Anil Agarwal for Decree Holder.
                      D.R. Talekar I/C Insolvency Registrar is present.


                                                        CORAM:- B. P. COLABAWALLA,J.

DATE :- AUGUST 19, 2022.

P. C.:

1. This Notice of Motion seeks setting aside the insolvency

notice, which is taken out under Rule 52 (C) of the Bombay Insolvency

Rules, 1910.

2. It appears that the Judgment Debtors have also applied for

setting aside the ex-parte decree passed against them on the basis of

which the present insolvency notice has been issued.

                      Utkarsh                                                     page 1 of 2
                                                           30.nms.34.2018.doc

3. By order dated 21st January, 2020 this Court took note of

the fact that the Judgment Debtors were not diligent in prosecuting

their notice of motion for setting aside the ex-parte decree pending

before the City Civil Court at Mumbai. In these circumstances, by the

said order, the City Civil Court was requested to expeditiously dispose of

the Notice of Motion No. 2584 of 2018 pending before it. It appears that

despite this request, the City Civil Court has not yet disposed of the

aforesaid Notice of Motion No. 2584 of 2018 because the Judgment

Debtors keeps asking for adjournments.

4. In these circumstances the above matter is stood over to

26th August, 2018 under the caption 'for dismissal'.

5. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                       ( B. P. COLABAWALLA, J. )




Utkarsh                                                     page 2 of 2