1) Kamal R. Bulchandani And Ors vs Virendra Parshotambhai ...
2022 Latest Caselaw 11242 Bom

                                                                         5-INOT-11-2022.doc

         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH LOKHANDE                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE Date:
         2022.10.23
         11:21:26
         +0530
                                            IN ITS INSOLVENCY JURISDICTION

                                           INSOLVENCY NOTICE NO. 11 OF 2022


                      Virendra Parshotambhai Visavadiya                     .. Judgment Debtor
                                Vs.
                      Kamal R. Bulchandani & Ors.                           .. Judgment Creditors



                      Rajeev Narula i/b. Taher Rangwala for the Judgment Creditors.
                      D. R. Talekar i/b. Insolvency Registrar is present.


                                                          CORAM:- B. P. COLABAWALLA,J.

DATE :- 21st OCTOBER, 2022.

P. C.:

1. The above matter is placed on board for directions today as

the Judgment Creditors seeks to serve the Judgment Debtor [Virendra

Parshotambhai Visavadiya] by the mode of substituted service.

2. The above Insolvency Notice dated 21 st July, 2022 was

issued by this Court against the Judgment Debtor. The said Insolvency

Notice was dispatch by the Court Clerk of the Petitioning Creditor No.1.

The said Insolvency Notice was duly delivered at the address of the

Ganesh Lokhande page 1 of 3 5-INOT-11-2022.doc

Judgment Debtor on 26th July, 2022 as per the track consignment

report. The Affidavit of Service dated 20th August, 2022 of the said Clerk

is also filed in this Court. The reason why the Application for substituted

service is made is because as per the Bombay Rules made under Section

112 of the Presidency Town Insolvency Act, 1909 personal service of the

Insolvency Notice is required to be effected on the Judgment Debtor. To

effect personal service, on 15th October, 2022, the said Clerk personally

visited the Andheri Branch Office of the Judgment Debtor, at 808, Dev

Plaza, above Vijay Sales, S. V. Road, Andheri (W), Mumbai - 400 058.

However, personal service could not be effected on the Judgment

Debtor since the said office of the Judgment Debtor was locked and

closed and the name plates on the board of the said building in relation

to the said premises (being 808, Dev Plaza) were in the name of one Mr.

Viresh A. Madia. It is stated in the Application for substituted service

that the Judgment Debtor is absconding and the Economic Offences

Wing, Mumbai has also issued a lookout notice against the Judgment

Debtor. The exact whereabouts of the Judgment Debtor are untraceable

till date.

3. Having heard the learned counsel appearing on behalf the

Petitioning Creditors and after considering the Application for

substituted service dated 18th October, 2022 and what is stated therein,

Ganesh Lokhande page 2 of 3 5-INOT-11-2022.doc

the Petitioning Creditors are allowed to serve the above Insolvency

Notice on the Judgment Debtor by substituted service:

(i) by affixing a certified copy of the Insolvency notice at the outer door of

(a) 808, Dev Plaza, above Vijay Sales, S. V. Road, Andheri (W), Mumbai - 400 058, and

(b) B/56, Lotus Court, Opp. Chanakya Nagari, Kalali, Vadodara, Gujarat - 390 012.

(ii) Affixing the Insolvency Notice on the Notice Board of this Court; and

(iii) By publishing the extract of the Insolvency Notice in two local Newspapers i.e. the Free Press Journal [in English] and Janma Bhumi [in Gujarati].

4. The time to serve the Insolvency Notice is extended by a

period of 8 weeks from today.

5. 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.

                                            ( B. P. COLABAWALLA, J. )




Ganesh Lokhande                                                   page 3 of 3