Dalchand H. Gupta And Ors vs Arun Kumar Agarwal And Ors
2024 Latest Caselaw 24474 Bom

Bombay High Court

Dalchand H. Gupta And Ors vs Arun Kumar Agarwal And Ors on 20 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                           1. INPT 7-17 @ NMIS 29-18.doc


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

                                           INSOLVENCY PETITION NO. 7 OF 2017

                     Arun Kumar Agarwal and Ors.                 ...Debtors

                     Ex-parte:
                     Dalchand H. Gupta and Ors.                  ...Petitioning Creditors

                                                        WITH
                                            NOTICE OF MOTION NO. 29 OF 2018

                     Mr. Ramesh Jain for Petitioning Creditors.
                     Mr. Ashish Verma for Judgment Debtors.
                     Ms. M. R. Parkar, Insolvency Registrar present.

                                               CORAM   :    ABHAY AHUJA, J.

                                               DATE    :    20th AUGUST, 2024


                     P.C. :

1. Pursuant to the order dated 2nd July, 2024, today when the

matter is called out, Mr. Verma, learned Counsel appears for the

Judgment Debtors and submits that he has filed vakalatnama in the

matter only recently and that some time be granted to take complete

stock of the matter as to his knowledge an appeal is filed against the

order of the Single Judge dismissing the Notice of Motion for setting

aside the consent decree has been admitted by a Division Bench of this

Court.

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2024.08.20 18:30:54 +0530

1. INPT 7-17 @ NMIS 29-18.doc

2. Mr. Jain, learned Counsel appearing for the Petitioning Creditor

points out that earlier the cheques issued by the Judgment Debtors to

the Petitioning Creditors with a view to settle the dispute have been

dishonoured and that, therefore, this Court proceed to adjudicate the

Petition.

3. Be that as it may, for Mr. Verma to take full and complete

instructions in the matter, list on 3rd September, 2024.

4. It is made clear that on the next date this Court will proceed to

hear the Insolvency Petition and pass appropriate orders.

(ABHAY AHUJA, J.)

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2024.08.20 18:30:01 +0530