KANTA PRAVIN MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS notice of motion has been taken out by one K. P. P. Nayar as the applicant. Smt. Kanta Pravin Mehta is the insolvent. Dr. Kishan Baldev Mehta and Smt. Mridula Mehta are the petitioning creditors. By prayer (a) of the notice of motion, the applicant seeks permission to remain present at the time of private examination of the insolvent to assist the Official Assignee in the interest of the general body of creditors. By prayer (b), the applicant seeks permission to furnish to the Official Assignee specific information regarding the estate and affairs of the insolvent which she is to be asked in her private examination and this the applicant seeks in the interest of the general body of the creditors of the insolvent. This notice of motion was taken out on 15/12/1990.

(2.) THE notice of motion was made absolute granting both the aforesaid prayers by Daud J. by his order dated 18/06/1991. Against that order, the insolvent preferred Appeal No. 561 of 1991. That appeal was disposed of by the Division Bench (P. D. Desai, C. J. and K. Sukumaran, J.) by its order dated 4/07/1991 and the order of Daud, J. was set aside. The notice of motion was remanded to the single Judge with a direction to give an opportunity to the parties to place on record further materials, if any, in support of their respective versions and to decide the notice of motion afresh in the light of all the factual and legal contentions which may be advanced. Pending further hearing and disposal of the notice of motion, the further examination of the insolvent was stayed.

(3.) IN pursuance of the direction given by the Division Bench, the applicant has filed further affidavit in support of the notice of motion which is dated 2/09/1991. The insolvent has filed affidavit in reply dated 1/10/1991 and the applicant has filed affidavit in rejoinder dated 19/11/1991.