✦ Bombay High Court · 01 Feb 2005

Judgment · High Court · 2005

D Y CHANDRACHUD

Case at a glance

Provisions considered

Judgment

Re : Ganesh Sugar Supply Co. & Ors. Ex-parte: Ratnesh Mukund Finance P.Ltd. .... Ms. K.S. Lalwani for the Petitioning Creditor. ..... ...Debtors. ..Petg. Creditor. CORAM : DR.D.Y.CHANDRACHUD, J. August 1, 2006. P.C. On a Notice of Motion taken out by the Debtors for setting aside an insolvency notice which was issued in pursuance of a decree on admission, a conditional order was passed by this Court on 1st February 2005. There is no compliance of the directions contained in the order. The act of insolvency was complete on 1st March 2005. The petition has been served on 5th August 2005. There is no reply. The petition is accordingly made absolute in terms of prayer clause (a). However, having regard to the provisions of Section 90(1) of the Presidency Towns Insolvency Act, 1909 and since Petition Nos.43 of 2005 and 44 of 2005 have already been allowed, it would be appropriate to direct that the 2 proceedings arising out of the present petition be consolidated with the proceedings in the earlier petitions. In these circumstances, a separate advertisement is dispensed with in this case. .....

Questions this judgment answers

Which statutory provisions did this judgment involve?

Presidency Towns Insolvency Act, 1909 — s. 90(1).

Which court decided this case, and when?

Bombay High Court, on 01 Feb 2005. The bench was D Y CHANDRACHUD.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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