SHARAD R KHANNA Vs. KARIMJEE LIMITED

JUDGEMENT

(1.) -LEAVE to amend in terms of the draft. Amendment to be carried out within one week.

(2.) THIS is an appeal from an order of the learned Single Judge in Notice of Motion No. 52 of 1993 in respect of an Insolvency Notice No. N/51 of 1992. The Notice of Motion was taken out by the judgment debtor for setting aside Insolvency Notice issued and served upon him by the judgment creditors. The Insolvency Notice is in respect of a decree dated 12th March 1991 for a sum of Rs. 20,79,184/- passed by this Court against the judgment debtor in favour of the judgment creditor in Summary Suit No. 3760 of 1989. A special leave petition filed from this judgment and decree was rejected by the Supreme Court in April 1991.

(3.) ON 13th July 1992 the judgment creditor moved the Insolvency Court for issuance of an Insolvency Notice. This was because the decree which was then about a year old had remained unsatisfied and there was no stay against the execution of the decree. The Insolvency Notice was issued on 13th July 1992. The record shows that a number of attempts were required to be made for service of the Insolvency Notice on the judgment debtor because the judgment debtor could not be found. According to the judgment creditor, the judgment debtor deliberately evaded or avoided service of the notice. The time for effecting service was extended, therefore, from time to time by the Insolvency Registrar. Within the extended time Insolvency Notice was served on the judgment debtor on 12th April 1993.