1982 Supreme(Bom) 273
M.N.CHANDURKAR, B.LENTIN
Atlas Trading Company – Appellant
Versus
Official assignee of Bombay and others – Respondent
JUDGMENT - Chandurkar J.-The appellant company is a sole proprietary concern of one Ashok Vadilal Shah who claims to be a tenant of room No. 23B, Lalsing Mansing Building at Lohar Chawl, Bombay (hereinafter referred to as the “suit premises”). Vadilal Shah and his another son Ajitlal Shah were adjudicated insolvents by an order dated 21st January 1975. An appeal was filed against the order of adjudication by both the insolvents. During the pendency of the appeal, Vadilal Shah died on 8th July 1975. On 9th March 1978 Ajitlal Vadilal Shah withdrew the appeal and the appeal was dismissed for want of prosecution. The present proceedings arose out of the report mad; by the Official Assignee for directions seeking an order for sale of the insolvents' business known as Messrs Vadilal R. Shah as a going concern with furniture, fixtures, etc. together .with goodwill and tenancy rights of the business premises, which are the said premises, as well as another room No. 24 with which we are not concerned in this appeal. An attachment was also levied by the Sheriff of Bombay in respect of the suit premises pursuant to the order of the Bombay City Civil Court in Suit No. 9512 of 1973 which was fi
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