Sanjeev Kapoor vs Ravikiran Surajbhan Aggarwal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
N.J. Jamadar, J
Sanjeev Kapoor – Appellant
Versus
Ravikiran Surajbhan Aggarwal – Respondent

Advocates:
For the Appellants/Petitioners: Yash Moma
For the Respondents: Gaurang Mehta, Dikshat Mehra, Heena Shaikh

Table of Content
1. applicant claims creditor status and seeks leave to pursue suit. (Para 1 , 2)
2. context of the suit against insolvents elaborated. (Para 3 , 4 , 5)
3. court clarifies nature of claims relating to properties. (Para 18 , 19 , 20)
4. court finds the application for leave unsustainable and denies it. (Para 23 , 24)

ORDER :

1. The applicant, who claims to be the creditor of the insolvents, has preferred the Notice of Motion No.14 of 2021 in Insolvenc Petition No. 21 of 2019 under section 17 of the Presidenc and Towns Insolvenc Act, 1909 (“the Act, 1909”) seeking leave to continue, pursue and prosecute the Suit No.181 of 2017, and implead the Offcial Assignee, as part defendant in the said Suit No. 181 of 2017 on behalf of the insolvent (defendant No.2 therein), as the assignee of insolvent’s properties and assets.

2. Notice of Motion No. 15 of 2021 in Insolvenc Petition No. 22 of 2019 is taken out with identical averments against Pujit Ravikiran Aggarwal, the debtor in Insolvenc Petition No.22 of 2019, who was also adjudged insolvent b a common judgment and order dated 26th Ma 2020.

3. The facts necessar for determination of these Notices of Motion can be summarized as unde

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BOMBAY HIGH COURTN.J. Jamadar, JSanjeev Kapoor – AppellantVersusRavikiran Surajbhan Aggarwal – Respondent

BOMBAY HIGH COURT
N.J. Jamadar, J
Sanjeev Kapoor – Appellant
Versus
Ravikiran Surajbhan Aggarwal – Respondent