HOOSEINI CO OPERATIVE CREDIT SOCIETY LTD Vs. STATE

JUDGEMENT

(1.) THIS application is made by the Insolvent/Debtor seeking the relief that the Order of Adjudication dated 4th October 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. In as much 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.) THEN the Petitioning Creditor presented Petition before this Court on 23rd March 1994 seeking order of adjudication against the Debtor and according to the Petitioning Creditor the service of process was effected and joint affidavit of service made by said Jitendra D. Kanse and Bailiff of the Sheriff of Bombay was filed being dated 7th June 1994 which mentions that the debtor refused to accept the service which refusal was accepted and treated as a proper service.