Case Note & Summary
This is an insolvency proceeding before the Insolvency Registrar of the High Court at Bombay. The matter concerns Insolvency Petition No. 36 of 2000 involving three insolvents: Simplex Enterprises, K. K. Mistry, and Mansoor H. Esmail (since deceased). The meeting was fixed for the public examination of Insolvent No. 2, K. K. Mistry, by the Official Assignee. Mr. Amit Sheth, advocate for the insolvents, requested an adjournment on the ground that he had not yet received the sealed certified copies of the minutes of the meetings in respect of the private examination of Insolvent No. 2 held before the Official Assignee touching his estate and affairs. The Insolvency Registrar, considering the request, adjourned the public examination to 2nd August 2019 at 12:00 noon. The court directed Insolvent No. 2 to lodge the sealed certified copies of the minutes of the private examination in the office on or before the next date of hearing and to remain present on the next date with full preparations to make a statement about the particulars of his estate and affairs. The order was passed on 19th July 2019.
Headnote
A) Insolvency Law - Public Examination - Adjournment - Insolvent's advocate sought adjournment as sealed certified copies of minutes of private examination were not received - Court adjourned the public examination and directed the insolvent to lodge the sealed certified copies on or before next date and to remain present with full preparations - Held that adjournment is granted to ensure proper preparation and compliance (Paras 1-2).
Issue of Consideration
Whether the public examination of the insolvent should be adjourned pending receipt of sealed certified copies of minutes of private examination.
Final Decision
The public examination of Insolvent No.2 by the Official Assignee is adjourned to 2nd August 2019 at 12.00 noon, with direction to Insolvent No.2 to lodge in this Office the sealed certified copies of the minutes of the meetings in respect of private examination held before the Official Assignee touching his estate and affairs, on or before the next date of hearing and to remain present on the next date with full preparations to make statement about the particulars of his estate and affairs.
Law Points
- Adjournment of public examination
- requirement of sealed certified copies of minutes
- direction to produce documents
Case Details
2019 LawText (BOM) (07) 135
INSOLVENCY PETITION NO. 36 OF 2000
Mr. Amit Sheth with Mr. Kailash Surve, Advocates for the Insolvents; Mr. M.D. Narvekar, Official Assignee; Ms. Afshan Ahmedbhoy, one of the Creditor; Ms. Minnat Noorani, one of the Creditor
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Insolvency proceeding for public examination of insolvent
Remedy Sought
Adjournment of public examination to allow time to receive sealed certified copies of minutes of private examination
Filing Reason
Advocate for insolvents had not received sealed certified copies of minutes of private examination
Issues
Whether the public examination should be adjourned pending receipt of sealed certified copies of minutes of private examination
Submissions/Arguments
Mr. Amit Sheth, Advocate for the Insolvents, requested an adjournment as he had not yet received the sealed certified copies of the minutes of the meetings in respect of private examination of Insolvent No.2 held before the Official Assignee touching his estate and affairs.
Ratio Decidendi
The court granted adjournment to allow the insolvent's advocate to obtain necessary documents for proper preparation of the public examination, and directed the insolvent to produce the sealed certified copies and remain present.
Judgment Excerpts
Mr. Amit Sheth, Advocate for the Insolvents requests for an adjournment as he has not yet received the sealed certified copies of the minutes of the meetings in respect of private examination of Insolvent No.2 held before the Official Assignee touching his estate and affairs.
In view thereof, the Public Examination of the Insolvent No.2 by the Official Assignee is now adjourned to 2nd August, 2019 at 12.00 noon, with the direction to Insolvent No.2 to lodge in this Office the sealed certified copies of the minutes of the meetings in respect of private examination held before the Official Assignee touching his estate and affairs, on or before the next date of hearing and to remain present on the next date with full preparations to make statement about the particulars of his estate and affairs.
Procedural History
The matter is an insolvency petition filed in 2000. The meeting was fixed for public examination of Insolvent No.2. On 19th July 2019, the advocate for the insolvents sought adjournment due to non-receipt of sealed certified copies of minutes of private examination. The court adjourned the public examination to 2nd August 2019 with directions.
Acts & Sections
- Presidency Towns Insolvency Act, 1909:
