SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Bom) 860

SHALINI PHANSALKAR JOSHI
Ruchir s/o Sharad Goenka – Appellant
Versus
Girish s/o Gangadhar Agrawal – Respondent


Advocates Appeared:
For the Appellant :Shri. S. C. Mehadia, Advocate
For the Respondent:Shri. M. G. Sarda, Advocate, Shri. P. P. Kothari, Advocate, Shri. A. R. Deshpande, Advocate

JUDGMENT :

1. Legality, validity and propriety of the order dated 14.10.2014 passed by Principal District Judge, Akola in Miscellaneous Civil Appeal No. 15/2014 arising out of the order 21.12.2013 passed below Exh.86 in Insolvency Petition No. 1/2008 passed by the Civil Judge, Senior Division, Akola, is challenged in the Revision.

2. Brief facts of the revision are to the effect that:

Respondent nos. 1 to 4 herein had filed Insolvency Petition before trial Court under Section 7 of the Provincial Insolvency Act, 1920 against respondent Nos. 5 to 17. During pendency of the said petition, respondent no.1 filed an application at Exh.86 under Order-I Rule-10 of the Code of Civil Procedure for addition of party and under Order-VI Rule-17 read with Section 151 of the Code of Civil Procedure for amendment of Insolvency Petition. It was contended by respondent no.1 that the present applicant, in collusion with Akola Urban Co-operative Bank Limited, Akola and the debtors, purchased the property mentioned in para13-A of the application, as per sale certificate dated 20.5.2011. It was further alleged that the Akola Urban Co-operative Bank could not have given go bye to the insolvency proceedings




















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top