INPT/94/1957 of M/S DEVIDAYAL ( SALES) PVT. LTD. Vs M/S CHANDMAL JIVANMAL, FIRM on 18 September 1962

IN THE HIGH COURT OF JUDICATURE AT BOMBAYIN ITS INSOLVENCY JURISDICTIONOFFCIAL ASSIGNEE'S REPORT DT.18TH NOVEMBER, 2006IN

PETITION NO.94 OF 1957

Re: M/s. Chandmal Jivanmal, Firm..Insolvents.

Ex-parte:M/s. Devidayal (Sales) Pvt. Ltd... Petitioning Creditor....

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

P.C.:

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

An order of adjudication was passed on 18[th] September,

1962. In the present case, one claim had been received, but theclaimant has not come forward to prove his claim to the tune ofRs.5,037.38. At present an amount in the aggregate ofRs.29,150.82 is lying to the credit of the estate account. TheOfficial Assignee has prayed that this amount may be transferredto the unclaimed dividend capital account under Rule 178 of theBombay Insolvency Rules, 1910 and thereafter to the unclaimeddividend capital revenue account and the account may be closedfor administrative purposes. Having regard to the circumstancesset out in the report of the Official Assignee, there is no reason whythe prayer should not be granted. Prayer clause (a) of the report ofthe Official Assignee is accordingly granted.