Suraj Prakash Khemchand vs 1. Avinash B. Jaising and 2. Bansi J. Jaising

CNR No : HCBM020255632025 rsk 1 26 & 27.oar-46.25 & 47.25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY 2002. Mr. Aakash Desai i/by Sukanya Bhaumik for Insolvent Nos. 1 and 2 in OAR No. 46 of 2025 and Insolvent No.2 in OAR No.47 of 2025. rsk 2 26 & 27.oar-46.25 & 47.25.doc Ms. C. J. Bhatt, official assignee, present, alongwith Mr. Subodh Patil, Deputy official assignee, present. Ms. R.V. Rane, Insolvency Registrar, present. Mr. Darshit K. Jain, Amicus Curiae. ___________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 2 JULY 2026 JUDGMENT :- 1. On 30 January 2026, following question was framed by the Court for adjudication. “Whether the official assignee is required to satisfy the claim only on the basis of a Decree or Order of the Court or whether the claim can be adjudicated or satisfied on the basis of documents submitted by the Claimant with the official assignee after a person is declared as insolvent without there being any Decree or Order of the Court to that effect ?” BACKGROUND: 2. A claim was lodged by the creditor with the official assignee. The official assignee relying on certain orders of this Court stated that unless claim is adjudicated by