Vasumati K. Mehta vs Nilesh Ramniklal Veera And Anr. ...
2022 Latest Caselaw 8463 Bom

                                                  5-NMIS-34-2018.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      IN ITS INSOLVENCY JURISDICTION

                      NOTICE OF MOTION NO. 34 OF 2018
                                       IN
                     INSOLVENCY NOTICE NO. 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 the Decree Holder.
D. R. Talekar, i/c. Insolvency Registrar is present.


                                    CORAM:- B. P. COLABAWALLA,J.

DATE :- 26th AUGUST, 2022.

P. C.:

1. In paragraph 4 of the order dated 19 th August, 2022, the

date "26th August, 2018" shall be substituted with the words

"26th August, 2022".

2. When the above Notice of Motion had come up on last

Friday [19th August, 2022], none had appeared on behalf of the

Judgment Debtors. On the last occasion, I had noticed that by order

dated 21st January, 2020, this Court took note of the fact that the

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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 (dated

21st January, 2020), the City Civil Court, Mumbai was requested to

expeditiously dispose of Notice of Motion No.2584 of 2018 pending

before it. Despite this request, the City Civil Court had not yet disposed

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

Judgment Debtors kept asking for adjournments. It was in these

circumstances, that the above matter was kept on board for dismissal

today.

3. Today, when the matter is called out, none appears on

behalf of the Judgment Debtors/Applicants in the above Notice of

Motion. It appears, from this conduct, that the Judgment Debtors are

not interested in prosecuting the above Notice of Motion. In these

circumstances, the Notice of Motion is dismissed for want of

prosecution.

4. This order will be digitally signed by the Personal Assistant

of this Court. All concerned will act on production by fax or email of a

digitally signed copy of this order.

Digitally signed by GANESH SUBHASH GANESH SUBHASH LOKHANDE ( B. P. COLABAWALLA, J. ) LOKHANDE Date:

2022.08.29 14:50:19 +0530

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