ISMAIL AKBARALI CHITALWALLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is made by the Insolvent / Debtor seeking the relief that the Order of Adjudication dated 4/10/1994 passed by this Court in Insolvency Petition No. 25 of 1994 be set aside and he be given an opportunity to contest the matter on merits.

(2.) THE Debtor has also claimed various other reliefs such as ordering inquiry and initiation of criminal proceedings against one Jitendra D. Kanse, the employee of the Petitioning Creditor for making false affidavit of service of process in the petition upon the Debtor. At the outset, it may be stated that the principal ground urged by the Debtor in support of this application is of non-service of the Insolvency Petition herein as also the Insolvency Notice issued therein upon him. Inasmuch as the Debtor has alleged fraud by the Petitioning Creditor in the matter of service of process of the Petition and the Insolvency Notice.

(3.) IT is noticed that the Petitioning Creditor is the Award holder passed by the Cooperative Court against the Debtor and two others who are not before the Court. It is further noticed that the Petitioning Creditor is the Co-operative Credit Society registered under the Maharashtra Co-operative Societies Act and they filed a Dispute before the Co-operative Court for the recovery of certain amount advanced to the principal borrowers (not parties to this Petition) and the Debtor herein who was a guarantor in which Award has been made by the Cooperative Court, including the Debtor herein.