INPT/15/1975 of DINERS CLUB (INDIA) PVT. LTD. Vs P.R. MULAY on 21 July 1976

IN THE HIGH COURT OF JUDICATURE AT BOMBAYIN ITS INSOLVENCY JURISDICTION

OFFCIAL ASSIGNEE'S REPORT DT.18TH NOVEMBER, 2006INPETITION NO.15 OF 1975

Re: P. R. Mulay..Insolvent.Ex-parte:Diners Club (India) Pvt. Limited..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 21[st] July, 1976.

The schedule of assets and liabilities was filed by the Insolvent on20[th] June, 1977. On 4[th] July, 1995 an order of annulment ofinsolvency was passed under Section 21(1) of the PresidencyTowns Insolvency Act, 1909. At present Rs.578.86 is lying to thecredit of the estate account. The Official Assignee has prayedthat this amount may be transferred to the unclaimed dividendcapital account under Rule 178 of the Bombay Insolvency Rules,1910 and thereafter to the unclaimed dividend capital revenueaccount and the account may be closed for administrativepurposes. Having regard to the circumstances set out in the report of the Official Assignee, there is no reason why the prayer should not be granted. Prayer clause (a) of the report of the OfficialAssignee is accordingly granted.