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2008 Supreme(Guj) 83

AKIL KURESHI
Shah Bakuleshbhai Hasmukulal – Appellant
Versus
Kaushikkumar Kantilal Modi – Respondent


Advocates:
Appearance :
Ms. Paurami B. Sheth, for the Petitioner No. 1.
None, for the Respondents No. 1 – 64.

Judgment

Akil Kureshi, J.—The petitioner has challenged an order dated 08.08.2007 below Exhibit 6 in Insolvency Petition No. 7/2007 passed by learned City Civil Court, Ahmedabad.

2. The petitioner had instituted the said insolvency petition. The petitioner is the debtor. In his petition, he filed application Exhibit 6 and stated that for issuance of public notice, substantial expenditure would be incurred. His financial condition is weak. No prejudice will be caused to anyone if such a notice is dispensed with and instead Court permits that such a notice be published only in Official Gazette. On this application., learned Judge passed his order on 18.08.2007 which is challenged in this petition.

3. Before me, learned Advocate Ms. Paurami Seth contended that financial position of the petitioner would not permit him to incur the expenditure required for public notice. Public notice is not mandatory and in lieu thereof publication in Official Gazette can be permitted. My attention was drawn to the decision of learned Single Judge of this Court in case of Mohanlal Premjibhai Thakkar & Ors. vs. Shah Atulkumar Kantilal & Ors., reported in AIR 1984 Gujarat 152 in which relying on an earlier
























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