M/S. Ganesh Paper Mart vs Mr.P.A. Anantharaman And Other
2022 Latest Caselaw 8073 Bom

                                                                          39 inpt2-20.doc
           Digitally
           signed by
           LAXMI
LAXMI      SUBHASH
SUBHASH    SONTAKKE
SONTAKKE   Date:
           2022.08.20


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           10:43:25
           +0530




                                         IN ITS INSOLVENCY JURISDICTION
                                       INSOLVENCY PETITION NO. 2 OF 2020


                        P. A. Anantharaman & Anr.                          ..Debtors
                        Ex-parte:
                        M/s. Ganesh Paper Mart                             ..Petitioning Creditor


                        Mr. Armaan Grewal i/b. M/s. N. N. Vaishnawa & Co., for the
                        Petitioning Creditor.
                        Mr. D. R. Talekar, i/c. Insolvency Registrar is present.


                                                        CORAM:- B. P. COLABAWALLA,J.

DATE :- AUGUST 19, 2022.

P. C.:

1. The above Petition is filed seeking an order adjudicating the

Debtors as Insolvents. On 4 th February, 2020, a statement was recorded

that the Judgment Debtors have been duly served with the Insolvency

Petition. An affidavit of proof of service was directed to be filed in this

Court. That has been duly done and affidavit of proof of service of the

Insolvency Petition (dated 3rd February, 2020) is on record and which is

filed on 21st February, 2020. The said affidavit evidences service of the

above Insolvency Petition on the Judgment Debtors. Despite service,

none have appeared on behalf of the Judgment Debtors and no

Laxmi page 1 of 2 39 inpt2-20.doc

Vakalatnama has been filed on their behalf. No affidavit in reply has also

been filed on the record of this Court opposing the above petition. What

is stated in the Petition has therefore gone uncontroverted.

2. In these circumstances, the Petition is allowed in terms of

prayer clause (a) which reads thus:

"a) That an Order adjudicating the Debtors as Insolvent may be passed and they may be adjudicated as insolvents;"

3. The Petition is accordingly disposed of.

4. The Official Assignee to take necessary steps in accordance

with law and procedure and to invest the amounts so realized from the

estate of the insolvent with any Nationalized Bank as per the circular

issued by the office of the Prothonotary and Senior Master.

5. This order of adjudication shall be served by the Advocate

for the Petitioning Creditor on the Judgment Debtors and file an

affidavit of service to that effect.

6. 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. )

Laxmi                                                               page 2 of 2