Bombay High Court
Sandeepkumar Vindo Saraf (Huf) And ... vs Jagdish Bhagwandas Ahuja And Others on 16 January, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
10-NMIS(L)-32199-2023-INPT-33-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS INSOLVENCY JURISDICTION
NOTICE OF MOTION (L) NO.32199 OF 2023
IN
RULE NISI NO.1 OF 2023
IN
INSOLVENCY PETITION NO. 33 OF 2019
MAGIC PROPERTIES PRIVATE LIMITED )...APPLICANT
IN THE MATTER OF
JAGDISH BHAGWANDAS AHUJA AND OTHERS )...INSOLVENTS/
JUDGMENT DEBTORS
V/s.
SANDEEPKUKMAR VINOD SARAF (HUF) )...JUDGMENT CREDITOR
Ms.Preeti Gada, Advocate for the Petitioning Creditor.
Mr.Devendra Tiwari i/by Law Chamber of Siddharth Murarka,
Advocate for the Supporting Creditor.
Mr.Girish Kedia, Advocate for the Supporting Creditor.
Mr.Rohaan Cama a/w. Ms.Anamika Singh and Ms.Sanaya Patel i/by
Indus Law, Advocate for the Applicant in NMIS(L)/32199/2023.
Ms.C.J.Bhatt, Official Assignee a/w. Mr.Arun Kesarkar, Deputy Official
Assignee and Mr.Subodh Patil, 1st Assistant to Official Assignee present
in Court.
Ms.M.R.Parkar, Insolvency Registrar, present in Court.
Mr.Niraj Mehra, Hon.Secretary of Rajpipla Co-operative Housing
Society, present in Court.
CORAM : ABHAY AHUJA, J.
DATE : 16th JANUARY 2024
10-NMIS(L)-32199-2023-INPT-33-2019.doc
P.C. :
1. Pursuant to order dated 5th December 2023, the copies of the
Notice of Motion along with affidavit in support with complete
annexures have been served upon the Petitioning Creditor as well as
the other Creditors, the Co-operative Society as well as the Official
Assignee.
2. Ms.Gada, learned Counsel, appears for the Petitioning Creditor
and Mr.Kedia, learned Counsel, appears for the other supporting
Creditor and submit that a communication has been addressed to the
office of the Official Assignee seeking a copy of the final sanction plan
of the development at the subject premises which is yet to be received.
3. Mr.Cama, learned Counsel for the Magic Properties Private
Limited and the Applicant in the Notice of Motion submits that he will
instruct his attorneys to furnish a copy of the same to the Petitioning
Creditor, the other supporting Creditors as well as the Official Assignee
within a period of two weeks. The Secretary of the concerned Rajpipla
Co-operative Housing Society is also present in the Court and submits
that he would also endeavour to obtain a copy of the final sanction
plan and furnish the same to the parties. The Secretary also submits
10-NMIS(L)-32199-2023-INPT-33-2019.doc
that the society would like to file a detailed reply to the Notice of
Motion and seeks some time. Ms.Gada and Mr.Kedia, learned Counsel
for the Petitioning Creditor and the other Creditor also seek some more
time to file reply to the Notice of Motion.
4. Let the learned Official Assignee also file a reply to the Notice of
Motion. Let the replies to the Notice of Motion be filed within a period
of four weeks with a copy to the other side. Rejoinder, in two weeks
thereafter, with a copy to the other side.
5. List on 5th March 2024.
RULE NISI NO.1 OF 2023
6. Pursuant to earlier orders of this Court, Rule Nisi was directed to
be served upon Insolvent No.2 by today. This Court is informed that
the Rule Nisi has been served upon the Insolvent No.2 at his email
addresses viz. (i) [email protected] and (ii)
[email protected] on 11th December 2023.
7. Let the learned Official Assignee send a reminder to the Ministry
of External Affairs with respect to the service of the Rule Nisi upon the
Insolvent No.2 and obtain an update on the same.
10-NMIS(L)-32199-2023-INPT-33-2019.doc
8. List on 5th March 2024.
9. Let the office objections be removed by the next date.
(ABHAY AHUJA, J.)
