Insolvency prtition
arun atmaram more
(Querist) 12 July 2013
This query is : Resolved
abc has filed insolvency petition pending for adjudication in court.maenwhile arbritration award is passed to recover dues from abc in favour of one of the creditor say x.the concerned creditor x is not appeared in insolvency pition filed by abc in spite of receiving notice of i.p.from court by x.now this x creditor filed a regular darkhast application to execute arbritration award passed by arbitrator in competent court against abc to get decree for attachment of property of abc if any. can compentent court entertain such application of x who has not appeared in i.p. pl guide.
Adv Archana Deshmukh
(Expert) 12 July 2013
abc should file the certified copies of the insolvancy matter in the executing court to stop the issuance of attachment warrant.
Advocate Ravinder
(Expert) 12 July 2013
ABC should implead in the Execution Petition by stating the fact of filing insolvancy and the notice has been received by the Creditor X. Insipite of receiving notice he neither attended the IP case and more over he filed the present E.P.
prabhakar singh
(Expert) 12 July 2013
Public notices are published for insolvency petitions.Let the fact of it's pendency be known to executing court.
Raj Kumar Makkad
(Expert) 12 July 2013
The darkhast should be strongly resisted in view of the court order declaring the creditor ex-parte and further proceeding thereon. The execution shall not be made as desired by him.
