BOMBAY HIGH COURT
Daud, J, P. D. Desai, CJ, K. Sukumaran, J
K. P. P. Nayar – Appellant
Versus
Smt. Kanta Pravin Mehta – Respondent
| Table of Content |
|---|
| 1. facts surrounding the applicant's motion. (Para 1 , 2 , 6 , 7) |
| 2. arguments presented by the applicant regarding creditors' interest. (Para 8 , 9 , 10) |
| 3. counterarguments made by the insolvent's counsel. (Para 11 , 12 , 14) |
| 4. court's analysis of the legal rights under s.36. (Para 13 , 15 , 16 , 17) |
| 5. further court observations regarding procedure and discretion. (Para 18 , 19 , 20 , 21) |
| 6. final observations on the applicant's lack of right. (Para 22 , 23 , 24) |
1. This notice of motion has been taken out by one K. P. P. Nayar as the applicant. Smt. Kanta Pravin Mehta is the insolvent. Dr. Kishan Baldev Mehta and Smt. Mridula Mehta are the petitioning creditors. By prayer (a) of the notice of motion, the applicant seeks permission to remain present at the time of private examination of the insolvent to assist the Official Assignee in the interest of the general body of creditors. By prayer (b), the applicant seeks permission to furnish to the Official Assignee specific information regarding the estate and affairs of the insolvent which she is to be asked in her private examination and this the applicant seeks in the interest of the general body of the creditors of th
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