1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi O.A.R. NO. 213 OF 2010 IN INSOLVENCY PETITION NO. 31 OF 2002. Re : Rajesh Dhirajlal Vora. .. Insolvent. Ex-parte : Ms. Aarti Mehra. .. Petitioning Creditor. .... Mr. Rajeev Ravi, i/b. M/s. Bilawalla & Co., for Petitioning Creditor. Mr. N.N. Bhadrashetty, for Industrial Premises Co.Op. Socy. Mr. Dhirajlal Vora, Insolvent-in-person. Mr. Y.C. Parikh, O.A. present. .... CORAM : S.J. KATHAWALLA, J. DATE : 5TH MAY 2010. P. C. By this report, the Official Assignee has prayed for orders allowing him to take forcible possession of gala no. G-15 situated at Prakash Industrial Premises Co-operative Society Limited, Bharat Industrial Estate, Tokersi Jivraj Road, Sewree (West), Mumbai-400 015 (the said gala) belonging to Mr. Rajesh Dhirajlal Vora. 2. By an order dated 5th August 2003 passed by the Insolvency Court, Mr. Rajesh Dhirajlal Vora has been adjudged insolvent and consequently all his estates and effects vests in the 2 Official Assignee. By their letter dated 14th April 2010 M/s. S.K. Jain & Associates, the Advocates for the creditors informed the Official Assignee that the insolvent is the owner of the said gala and that the Official Assignee should take possession of the same. Accordingly, the Official Assignee fixed an appointment on 30th April 2010 for taking physical possession of the said gala. Notices of the said appointment were given to the parties through courier, on 20th April 2010. However, when the representative of the Official Assignee reached the said gala on the appointed day, the said gala was found locked. The representative of the Official Assignee therefore, met the Secretary of the society who has furnished to him a photostat copy of the unregistered agreement dated 15th October 1979 and a copy of the 41st Annual Report of the said Society. Though the photostat copy of the agreement shows that the gala was purchased by the insolvent and one Mr. Salin Vora, the share certificate admittedly stands in the name of Mr. Rajesh Dhirajlal Vora and the annual report of the society also shows the name of Mr. Rajesh Dhirajlal Vora as member of the said society. 3. The learned Advocate appearing for the society has 3 also informed the Court that the original agreement dated 15th October 1979 is not provided to the society and only a photostat copy of the same is on the record of the society. The Official Assignee in his report no. 214 of 2010 has in detail set out how the insolvent is not co-operating with the Official Assignee because of which rule nisi was taken out by the Official Assignee and thereafter, made absolute by this Court. Pursuant to the orders of this Court, a warrant of arrest dated 4th December 2006 was also issued against the insolvent. However, the insolvent has till date avoided his arrest. 4. The insolvent is not present before the Court. His father who is also adjudged insolvent is present in Court, pursuant to rule nisi taken out by the Official Assignee and served on him. He informs the Court that his son Mr. Rajesh Dhirajlal Vora has gone to Delhi to attend his matter before the Hon’ble Supreme Court of India. However, he is unable to provide any particulars of the matter. He is also unable to explain as to why Mr. Rajesh D. Vora has left the jurisdiction of this Court without seeking prior permission of the Official Assignee or the Insolvency Court. It also appears from the Sheriff's report that Mr. Rajesh Dhirajlal Vora had on earlier 4 occasions also remained out of Mumbai without obtaining prior permission of the Official Assignee or this Court. 5. In view thereof, it is established beyond any doubt that the said insolvent Mr. Rajesh Dhirajlal Vora is avoiding implementation of the orders passed by this Court. From the aforesaid records of the society, it is clear that Mr. Rajesh Dhirajlal Vora is the sole owner/ member of the said gala. 6. The Official Assignee's Report is therefore, allowed in terms of prayer clause (a). The Official Assignee shall forthwith take possession of the said gala with the help of police assistance, if necessary, and shall thereafter, seek further directions from this Court qua the sale of the said gala. [ S.J.KATHAWALLA, J. ]