CIVIL APPEAL 4 of 1995 on 5 December 1995

Date: 27[th] February, 2019

Re: M.B. Kanchwalla

Insolvency Petition No. 4 of 1995Date of Act of Insolvency... 05.08.1994Date of Petition ... 04.02.1995Date of Order of Adjn. … 05.12.1995

------------------------------------------------------------------------------------------- Present:

None present for the Insolvent

Registry has fixed a Meeting before me for the purpose of reconstructing the records and proceedings of the Insolvency Petition as per the directions given by the Ld. Official Assignee on 16[th] February 2019 on the Office submission dated 15[th] February 2019 made by the Outstanding Department. The Outstanding Department has submitted that the records and proceedings of this Insolvency Petition is not available in the Outstanding Department since 1995. The Hon'ble Bombay City Civil Court at the time of hearing BCC Suit No. 109739 of 1991 was pleased to direct the Official Assignee to submit a report in the said Suit as the Insolvent M.B. Kanchwalla is the Respondent No. 15 in the said Suit. It is reported that the Insolvent has also expired.

The intimation of today's Meeting was sent to Shri P.V. Shah, Advocate for the Petitioning Creditor and Shri K.J. Somane, Advocate for the Insolvent vide this Office letter dated 25[th] February 2019. Shri Arun B. Sawant, Peon of this Office his report dated 26[th] February 2019 reported that he had visited the Office of Shri P.V. Shah, Advocate for the Petitioning Creditor and Shri K.J. Somane, Advocate for the Insolvent for the purpose of serving the said intimation of today's Meeting. Shri P.V. Shah, Advocate and Shri Somane, Advocate, had informed Shri Sawant that the Insolvent had expired and they are not appearing in the matter and therefore they cannot accept the intimation given by the Official Assignee. The intimation sent to the Insolvent's residential address was received by one Shri Balaji on 25[th] February 2019 but nobody is present in the Meeting on behalf of the Insolvent.

-Per Dy. O.A.:

In the absence of the parties and their Advocates today's Meeting cannot be proceeded with. Hence, Meeting stands adjourned to 11th March 2019 at 12.30 p.m.

Registry is directed to write a letter to the Petitioning Creditor and the Legal Heirs of the deceased Insolvent to remain present in the Meeting on the adjourned date and time.

Registry is also directed to find out the records and proceedings as well as Orders passed by the Hon'ble Court from the Office of the Insolvency Registrar.

E.B. SivakumarDy. Official Assignee