RAMAVATAR KUNJILAL GUPTA Vs. SICOM LTD

JUDGEMENT

(1.) BY consent, the appeal is admitted and heard finally.

(2.) THIS is an appeal against the order and judgment of the learned Single Judge dismissing the above Notice of Motion taken out by the Appellant seeking to set aside an ex-parte order dated 21st June, 2005. By the order dated 21st June, 2005 another learned Judge allowed the above petition filed by the Respondent for adjudicating the Appellant insolvent.

(3.) THE Respondent is the decree holder. The Respondent's Summary Suit No.3646 of 1987 was decreed against the Appellant as the guarantor in respect of the dues of Trimbak Ispat Pvt.Ltd. The decretal amount with interest as on 30th June, 1989 was Rs.38,04,080.50.