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Bombay High Court

M/s. BHAKTI STEEL LLPversusNIKHIL SURENDRA THAKKAR

Decided
Disposal
CONSENT TERM

Holding

The petition is disposed of and the insolvency notice discharged based on the parties' consent and the debtor's undertaking.

Summary

The petition sought a declaration of insolvency against Nikhil Surendra Thakkar (the judgment debtor). While the proceedings were pending, the parties entered into a consent agreement, which was tendered and recorded as Annexure‑X. The agreement included the debtor handing over three post‑dated cheques to the creditor, which the court treated as an undertaking. Relying on this consent, the court held that the insolvency petition could be disposed of and the insolvency notice discharged. The judgment thus concluded the insolvency proceedings without a formal declaration of insolvency.

Issues considered

  • What is the effect of a consent agreement, including post‑dated cheques, on an ongoing insolvency petition?
  • Can a petition for adjudication of insolvency be disposed of on the basis of a party's undertaking to the court?

Subjects

  • insolvency
  • consent agreement
  • post‑dated cheques
  • undertaking
  • petition disposed

Judgment

                                                                                                      20..doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                            INSOLVENCY PETITION NO. 2 OF 2026

                              M/s Bhakti Steel LLP                                     ...Plaintiff

                                            Vs.

                              Nikhil Surendra Thakkar                                  ...Defendant

                                                                *****
                              Ms. C. J. Bhatt - Official Assignee present
                              Mr. Subodh Patil – Deputy Official Assignee, present
                              Ms. R. V. Rane- Insolvency Registrar, present
                              Adv. Ms. Sneha Mahawar i/by Tushar Goradia – Judgment debtor
                              Adv. Manoj G. Agre – Petitioning Creditor
                              Mr. Jayesh N. Bhutta – Designate Partner of Petitioning Creditor M/s.
                              Bhakti Steel LLP
                                                                *****

                                                  CORAM :           S. M. MODAK, J.

                                                  DATE      :       21st AUGUST 2026

                              P. C. :-

                              1.      Heard learned Advocate for the Petitioning Creditor and learned

                              Advocate for the proposed Insolvent.

                              2.      This petition is for adjudicating debtor as Insolvent. Pending this

                              proceeding, both of them have entered into Consent terms. It is

                              tendered across the bar. It is taken on record and marked as ‘Annexure-

                              X’. It is signed by the Petitioning Creditor and Judgment Debtor and

SEEMA by
           Digitally signed
           SEEMA
        KSHITIJ
                              by their respective advocates. The judgment debtor has handed over
KSHITIJ YELKAR
        Date:
YELKAR 2026.08.25
        16:10:57 +0530


                              Seema                                                                     1/2
                                                                 20..doc




three post dated cheques to the Petitioning Creditor as mentioned in

the consent terms. The terms will be considered as an undertaking

given to the Court.

3.      In view of that Insolvent Petition stands disposed of and

insolvency notice stands discharged.




                                       [S. M. MODAK, J.]




Seema                                                              2/2


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