Bombay High Court
Official Assignee / M/S. Lakhotia Udyog vs Rajesh Manmohandas Shah And Ors on 6 February, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
19-OAR-21-2023-RN-9-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS INSOLVENCY JURISDICTION
OFFICIAL ASSIGNEE'S REPORT NO.21 OF 2023
IN
INSOLVENCY PETITION NO.95 OF 2001
RAJESH M. SHAH AND OTHERS )...INSOLVENTS
EXPARTE : M/S. LAKHOTIA UDYOG )..PETITIONING CREDITOR
WITH
INSOLVENCY PETITION NO.96 OF 2001
WITH
RULE NISI NO.9 OF 2019
IN
INSOLVENCY PETITION NO.95 OF 2001
WITH
OFFICIAL ASSIGNEE'S REPORT NO.18 OF 2023
IN
INSOLVENCY PETITION NO.95 OF 2001
Mr.Mehul Shah, Advocate for the Insolvent No.2 in INPT/96/2001.
Mr.Anil Bagwe a/w. Ms.Kritika Valanju, Advocate for the Petitioning
Creditor.
Mr.Y.S.Bhate, Advocate for the Intending Purchaser.
Ms.M.R.Parkar, Insolvency Registrar present in Court.
Mr.Arun Kesarkar, Deputy Official Assignee a/w. Mr.Subodh Patil, First
Assistant to the Official Assignee present in Court.
Mr.Rajesh Shah, Insolvent present in person.
CORAM : ABHAY AHUJA, J.
DATE : 6th FEBRUARY 2024
19-OAR-21-2023-RN-9-2019.doc
P.C. :
RULE NISI NO.9 OF 2019
1. Pursuant to the order dated 19th December 2023, today when the
matter is called out, Mr.Bagwe, learned Counsel, appears for the
Petitioning Creditor and submits that despite an order of this Court and
despite offering to assist the Police Authorities, the warrant of arrest
issued in the name of the Insolvent - Rajesh M. Shah is yet to be
executed and that this Court may direct the presence of the Senior
Police Inspector, Juhu Police Station, on the next date.
2. It is quite surprising that despite an order of this Court, the
warrant of arrest issued on 23 rd June 2023 is yet to be executed.
Therefore, although this Court is generally reluctant to direct the
Executive Authorities to remain present, however, this Court is
constrained to direct the Senior Police Inspector of Juhu Police Station
to remain present in this Court on 20 th February 2024 with a status
report with respect to the execution of the warrant of arrest in the
name of Rajesh M. Shah, who has been statedly evading and avoiding
the proceedings of this Court.
3. List on 20th February 2024.
19-OAR-21-2023-RN-9-2019.doc
OFFICIAL ASSIGNEE'S REPORT NO.21 OF 2023
4. Mr.Kesarkar, learned Deputy Official Assignee, informs that as per
the earlier orders of this Court, although once 50% of one month's
license fee was deposited with the learned Official Assignee, however,
thereafter, no deposit has been made, nor true copy of the Leave and
License Agreement has been furnished, despite the directions of this
Court. Learned Deputy Official Assignee, however, informs that there
are some offers that have been received by the Intending Purchaser of
the subject gala no.18, which is, however, less than the judgment debt,
despite the valuation being more than Rs.3,00,00,000/-. Therefore, the
said offer cannot be accepted.
5. Mr.Bhate, learned Counsel for the Intending Purchaser, seeks
some time to take instructions to increase the offer to match up to the
valuation of the said gala. Let the Intending Purchaser come with a
new offer by the next date.
6. The licensee and the present occupant viz. M/s.Sam Inc. and
Mr.Sanjay Mantri are directed to :
(i) by the next date deposit true copy of the Leave and License
Agreement with M/s. Geetanjali Exports in the office of
the Official Assignee;
19-OAR-21-2023-RN-9-2019.doc
(ii) deposit 50% of the license fees with the Official Assignee
by the 10th day of every month.
7. List on 20th February 2024.
8. Let Mr.Sanjay Mantri, who is the proprietor of the licensee,
remain present in the Court on the next date.
(ABHAY AHUJA, J.)
