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1971 Supreme(Online)(Bom) 8

BOMBAY HIGH COURT
Mr. , J
Ex parte Girdharlal Shankar Dave Debtor v.


Advocates:
For the Appellants/Petitioners: Mr. Palan
For the Respondents: Mr. M. S. Sanghavi

Table of Content
1. nature of the debtor's business activities and address. (Para 1 , 2 , 4)
2. existence of trade liabilities despite business inactivity. (Para 3 , 5 , 6)
3. continuity of business status under insolvency law. (Para 7 , 8 , 10)
4. court's jurisdiction upheld based on evidence of liabilities. (Para 9 , 11)

1. The debtor, one Girdharlal Shankar Dave, has taken out two Notices of Motion both dated 18th November 1965, one of which is for setting aside the order of adjudication passed in petition No. 69 of 1965 against the debtor on 19th October 1965 and the other for setting aside the insolvency notice dated 18th May 1965 which was issued at the instance of the petitioning creditors against the debtor. The admitted facts are that the debtor carried on business in Bombay as a partner in the firm of M/s J. M. Dave and Co. in export and import. The petitioning creditors filed a suit No. 193 of 1961, in this Court against the said firm of M/s J. M. Dave and Co. in respect of certain amounts borrowed by the said firm from the petitioning creditors for the purpose of its business. On 22nd August 1961 a decree on admission was passed in favour of the petitioning creditors against



























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