In re Bankruptcy Cause (Nileshchandra Vaghji Shah) [2018] KEHC 2357 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

COMMERCIAL & TAX DIVISION

IN THE MATTER OF BANKRUPTCY CAUSE NO.14 OF 2013

(KANTILAL VAGHJI SHAH)

AND

IN THE MATTER OF BANKRUPTCY CAUSE NO.15 OF 2013

(NILESHCHANDRA VAGHJI SHAH

R U L I N G

Before Court is the Petition dated 15th August 2013 filed by NILESHCHANDRA VAGHJI SHAH (hereinafter referred to as “the debtor”) seeking that the Court issue a Receiving Order in respect of his estate.

This matter was consolidated with Petition No.14 of 2013 being the Petition of KANTILAL VAGHJI SHAH.  The two were directors and equal shareholders in Bunyala Wholesalers Ltd.  The said KANTILAL VAGHJI SHAHpassed away on 18th December 2017 at Watford General Hospital in the United Kingdom as evidenced by the certified copy of a Notification of Death Serial No.BBT 122414 issued on 19th December 2017.  Subsequent to the death of one of the Petitioners this matter proceeded in respect of the surviving  Petitioner NILESHCHANDRA VAGHJI SHAH.

The matter was set down for the preliminary hearing of the Petition on 20th July 2018.  The hearing date was taken in presence of the Official Receiver.  However on the stated hearing date there was no representative of the Official Receiver present in court to cross-examine the Debtor.

Mr. Nyakiangana for the Debtor urged the Court to issue the Receiving Order as prayed.

I have carefully perused the file.  I note that the Statement of Affairs in respect of this debtor was filed in court on 19th September 2013.  The Petitioner has also filed a statement of his inability to pay.  The creditors value secured was Kshs.15,500,000/= whilst the book debts amount to Kshs.16,000,000/=.

I am satisfied that this Petition has merit and accordingly do issue the Receiving Order as prayed.  A copy of the Receiving Order to be served upon the official Receiver.

Dated in Nairobi this 26th day of October 2018.

Justice Maureen A. Odero