Created by Fuzzy Cloud

Bombay High Court

CFM Asset Reconstruction Private Limited, ApplicantversusPUJIT RAVIKIRAN AGGARWAL

Decided
Disposal
DISPOSED OFF

Holding

The court disposed the motion, effectively permitting the substitution of CFM for Axis Bank as a creditor.

Summary

The applicant, CFM Asset Reconstruction Private Limited, filed a motion seeking the court’s direction to substitute itself for Axis Bank as a creditor in the insolvency proceedings against Pujit Ravikiran Aggarwal. CFM alleged that Axis Bank had made a claim on 21 June 2022 and that CFM had been assigned that claim, submitting a deed of assignment on 24 March 2026. The Official Assignee, upon request, produced a list of creditors under Section 80 of the Presidency Towns Insolvency Act, 1909, which included CFM at Item No.7, indicating that the claim had been lodged. The court noted that there was no dispute regarding the lodging of the claim and that it would be adjudicated by the Official Assignee. Consequently, the motion was disposed in the terms sought by the applicant.

Issues considered

  • Whether CFM Asset Reconstruction Private Limited can be substituted for Axis Bank as a creditor in the insolvency petition.
  • Whether the claim lodged by Axis Bank, and subsequently assigned to CFM, is valid under the Presidency Towns Insolvency Act, 1909.

Legislation cited

Subjects

  • insolvency
  • creditor substitution
  • assignment of claim
  • Official Assignee
  • Section 80
  • motion disposal

Judgment

                                                          11. NMIS NO. 4 OF 2026.DOCX


                                                                                 ppn
             Digitally signed
             by PRACHI
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI       PRANESH
PRANESH      NANDIWADEKAR           ORDINARY ORIGINAL CIVIL JURISDICTION
NANDIWADEKAR
             Date: 2026.07.17
             18:05:52 +0530            IN ITS INSOLVENCY JURISDICTION

                                      NOTICE OF MOTION NO. 4 OF 2026
                                                   IN
                                    INSOLVENCY PETITION NO. 22 OF 2019

                    CFM Asset Reconstruction Private Limited    ….Applicant
                    V/s.
                    Pujit Ravikiran Aggarwal                    ….Insolvent

                                                ALONGWITH
                                  OFFICIAL ASSIGNEE REPORT NO. 21 OF 2025
                                                    IN
                                    INSOLVENCY PETITION NO. 21 OF 2019

                    The Official Assignee, High Court, Bombay ….Applicant
                    V/s.
                    Pujit Ravikiran Aggarwal       ….Insolvent/Own Petitioner

                                                ALONGWITH
                                  OFFICIAL ASSIGNEE REPORT NO. 22 OF 2025
                                                    IN
                                    INSOLVENCY PETITION NO. 22 OF 2019

                    The Official Assignee, High Court, Bombay ….Applicant
                    V/s.
                    Pujit Ravikiran Aggarwal       ….Insolvent/Own Petitioner

                                               ALONG WITH
                                     NOTICE OF MOTION NO. 21 OF 2025
                                                   IN
                                    INSOLVENCY PETITION NO. 22 OF 2019

                    Pujit Ravikiran Aggarwal                   ….Insolvent

                    IN THE MATTER BETWEEN

                    Pujit Ravikiran Aggarwal                  ….Insolvent
                    V/s.
                    The Official Assignee, High Court, Bombay ….Respondent



                                                 Page 1 of 3
                                       11. NMIS NO. 4 OF 2026.DOCX




                        ALONG WITH
          OFFICIAL ASSIGNEE REPORT NO. 63 OF 2025
                            IN
            INSOLVENCY PETITION NO. 22 OF 2019

The Official Assignee, High Court, Bombay ….Applicant
V/s.
Pujit Ravikiran Aggarwal ….Insolvent / Own Petitioner
______________________________________________________
Ms. Fereshte Sethna a/w. Ms. Sushmita S. Chauhan, Ms.
Bhagyashree Anklesaria and Ms. Aditi Shrivastava and Ms. Tarang
Saraogi i/b DMD Advocates for the Applicant -CFM Asset
Reconstruction Private Limited, Applicant.
Mr. Gaurang Mehta, Ms. Rhia Mehta and Ms. Shivangi Goel i/b
Rajani Associates for the Insolvent.
Mr. Arsh Misra for Axis Bank.
Mr. Sachin Shankar (Legal), Senior Manager of Axis Bank present.
Ms. C. J. Bhatt, Official Assignee, present, alongwith
Mr. Subodh Patil, Deputy Official Assignee, present.
Ms. R.V. Rane, Insolvency Registrar, present.
______________________________________________________

                                 CORAM : SHRI. JITENDRA JAIN, J.
                                 DATED : 17th JULY, 2026.
PC:-

1.     This motion is filed by the applicant seeking a direction to
substitute itself with Axis Bank who had made a claim on 21 June
2022 with the Official Assignee by email
2.     The advocate for the applicant had also lodged a claim on
24 March 2026 stating the fact of assignment from Axis Bank with
regard to recovery from Mr. Pujit Aggarwal. Deed of assignment
was also enclosed alongwith this letter.
3.     On a request being made by the applicant-CFM, the official
assignee had given list of creditors under Section 80 of the
Presidency Towns Insolvency Act, 1909. In the said list, name of


                              Page 2 of 3
                                        11. NMIS NO. 4 OF 2026.DOCX


the applicant is appearing at Item No.7. Therefore, now there is no
dispute that the claim has been lodged and same will be further
adjudicated by the official assignee.
4.    The claim made by the applicant is on the basis of the
assignment and agreement between the Axis Bank and CFM.
5.    Motion is disposed of in above terms.


                                                   (Jitendra Jain, J)




                              Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.