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2000 Supreme(Bom) 915

D.G.DESHPANDE
Re : Shree Steel Centre & others – Appellant
Versus
N. R. – Respondent


JUDGMENT - D.G. DESHPANDE, J.:---In all the notices of motion common question of law is involved, therefore they were heard together with the consent of the Advocates and I am passing a common order, copy of which should be separately kept in each matter.

Judgment debtors to the suit, filed by the Union Bank of India, have taken out this notice of motion for setting aside the insolvency Notice being Notice No. N/10 of 2000 dated 16-2-2000 and served on the judgment debtor on 15-3-2000. Obviously, the notice of motion is opposed strongly by the judgment creditors i.e. Union Bank of India.

2. Main bone of the contention of the judgment debtors is that Union Bank of India filed a suit against them in respect of a Bill of Exchange accepted by the judgment, debtors some time on 25-11-1992 and 27-11-1992. The Bank obtained an exparte decree against the judgment debtors on 5-2-1996. The judgment debtors engaged advocates to defend them in the said suit. However, their advocates did not inform them about the progress of the suit and ultimately an exparte decree came to be passed against them.

3. Thereafter the judgment creditors got issued insolvency notice and served it on 15-3-2000. There








































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