2018 (9) TMI 2031 - HC - Insolvency and Bankruptcy

Issuance of warrant against Mr Hinduja - HELD THAT - Ms Joshi are given leave to amend the Execution Application and also if necessary the Chamber Summons, without need of reverification, to join as Respondents the director/s of the 3rd Respondent, which is a corporate guarantor, and the other director/s of Respondent No. 1 in their capacity as directors. Ms Joshi states that necessary amendment will be carried out within two weeks from today. List the matter on 24th September 2018.

Summary

Issues Involved:
1. Lack of instructions from the Judgment Debtors' representative.
2. Inability to issue a warrant against a Judgment Debtor who is a heart patient.
3. Amendment of the Execution Application to include additional respondents.

Analysis:
1. The judgment addresses the issue of the representative of the Judgment Debtors, Mr. Deshmukh, being unable to obtain instructions despite multiple attempts. Mr. Deshmukh informed the court that he had written to the General Manager and local Advocates of the Respondent but still had no instructions. The court granted Mr. Deshmukh liberty to file an application for obtaining a discharge due to the lack of instructions.

2. Another issue discussed in the judgment is the health condition of one of the Judgment Debtors, Mr. Prakash Hinduja, who is a heart patient and has recently undergone open-heart surgery. The court acknowledged Mr. Hinduja's health condition and decided not to issue a warrant against him, considering his medical situation.

3. The judgment also involves the amendment of the Execution Application to include additional respondents. The court allowed Ms. Joshi, representing the Applicant, to amend the Execution Application and Chamber Summons without reverification. The purpose of the amendment is to join the directors of the corporate guarantor and other directors of the Respondent in their capacity as respondents. Ms. Joshi assured the court that the necessary amendments would be made within two weeks from the date of the judgment, and the matter was scheduled to be listed for further proceedings on 24th September 2018.

This comprehensive analysis of the judgment highlights the key issues addressed by the court, including the lack of instructions from the Judgment Debtors' representative, consideration for a Judgment Debtor's health condition, and the approval for amending the Execution Application to include additional respondents.