SURESH MANHARLAL MEHTA Vs. ICDS LTD

JUDGEMENT

(1.) THE insolvent who has taken out this Notice of Motion for various reliefs restricted his case to prayer (I) wherein he has sought an order of annulment of the insolvency under section 21 of the Presidency towns Insolvency Act, 1909.

(2.) THIS Notice of Motion raises the following questions of law :-

(3.) MR. Raghwan submitted that the insolvent is entitled to an order annulling the insolvency, as the entire proceedings were based on an award made and published under the Arbitration and Conciliation Act, 1996. Relying upon the judgment of the Supreme court in Paramjeet Singh Patheja Vs. ICDS ltd. , 2006 AIR SCW 5718 : [2007 ALL SCR 24], he submitted that the order of adjudication in respect of the insolvent is void.