1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY INSOLVENCY REPORT NO. 290 OF 2009 IN INSOLVENCY NO 4 OF 2008 Re : Bhawan Bhupendra Ghandi .. Insolvent Ex-Parte Amarlal Dilipkumar Makhija & Anr. .. Petitioning Creditors .... Mr. Kailash Kokare i/b. Ms. Kavita S. Lalwani for the Petitioning Creditors. Mr. Y. C. Parikh, Official Assignee. None for the Insolvent. .... CORAM : S.J. KATHAWALLA, J. DATE : JANUARY 5, 2010. P.C. An order of adjudication was passed by this Court against Mr. Bhawan Bhupendra Gandhi (Insolvent) on 18th February, 2009. Thereafter, the Official Assignee vide office Memo dated 9th October, 2009 fixed an appointment on 14th October, 2009 for 2 taking formal possession of the residential/business premises of the Insolvent in the name and style of Sheetal Enterprises situated at A 5, Anamica, Ram Nagar, Off. S. V. Road, Borivali (West), Bombay 400 092 and to make inventory of the movables/articles lying at the said residential/business premises as per the order of Adjudication dated 18th February, 2009. 2. Pursuant to the said appointment the representative of the Official Assignee alongwith the Petitioning Creditors visited the residential/business premises of the Insolvent. The representative of the Official Assignee was informed by the wife of the Insolvent that the Insolvent was not present at home. She thereafter contacted the Insolvent on phone and informed the representative of the Official Assignee to speak to the Advocate for the Insolvent which the representative of the Official Assignee correctly refused. The wife of the Insolvent did not allow the representative of the Official Assignee to make inventory of the movables/articles lying in the said premises. She also refused to accept and acknowledge the letter of the Official Assignee and also refused to sign the site report. 3 3. In view of the aforesaid conduct on the part of the Insolvent the Official Assignee has submitted his report before this Court dated 22nd December, 2009 seeking necessary orders/directions against the Insolvent. A copy of this report was forwarded to the Insolvent. However, the wife of the Insolvent has not accepted the same on the ground that it pertains to the Insolvent who is not at home. 4. In view of the aforesaid conduct of the Insolvent, the insolvent Mr. Bhawan Bhupendra Gandhi is directed to allow the representative of the Official Assignee to execute the order and to give his full cooperation to the representative of the Official Assignee in carrying out his/her duties, failing which this Court will proceed to take action against the Insolvent under section 34 of the Presidency Town Insolvency Act, 1909 including his committal to jail. The representative of the Official Assignee shall once again visit the premises of the Insolvent on 8th January, 2010, and submit his report to this Court on 12th January, 2010 to enable the Court to pass further orders. 4 5. Stand over to 12th January, 2010. [ S.J.KATHAWALLA, J. ]