INPT/151/1955 of BILASRAI JUHARMAL Vs MORARJI JETHABHAI on 6 December 1955

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS INSOLVENCY JURISDICTION

OFFCIAL ASSIGNEE'S REPORT DT.18TH NOVEMBER, 2006INPETITION NO.151 OF 1955

Re: Morarji JethabhaiEx-parte:Bilasrai Juharmal

..Insolvent.

.. Petitioning Creditor....

Mr. Y.C. Parikh, Official Assignee present.

CORAM: DR. D.Y. CHANDRACHUD, J. 21[st] November, 2006.

P.C.:

An order of adjudication was passed on 6[th] December,1955. The Official Assignee declared a dividend @ 0.100 paise ina rupee to the preferential creditors on 22[nd] August, 1962 and adividend @ 0.26 paise in a rupee to the unsecured creditors ontheir proved liability of Rs.4,449/- on 18[th] October, 1966. Atpresent an amount in the aggregate of Rs.7,991.86 is lying to thecredit of the estate account. The Official Assignee has prayed thatthis amount may be transferred to the unclaimed dividend capitalaccount under Rule 178 of the Bombay Insolvency Rules, 1910and thereafter to the unclaimed dividend capital revenue accountand the account may be closed for administrative purposes.

Having regard to the circumstances set out in the report of the Official Assignee, there is no reason why the prayer should not begranted. Prayer clause (a) of the report of the Official Assignee isaccordingly granted.