In Re Bharadya Vinodray Rajshibaji (Debtor) [2015] KEHC 4395 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

BANKRUPTCY NO. 2 OF 2012

BHARADYA VINODRAY RAJSHIBAJI…………….…….DEBTOR

J U D G M E N T

BHARADYA VINODRAY RAJSHIBAJI the debtor herein petitioned to be adjudged bankrupt by his petition dated 10th April 2012.

1. The debtor listed the following as the unsecured creditors:

(a) Breaburn School limited Ksh 981,178,67

(b) Dorothy Kamunde Ksh 800,000

(d) Sandra Samba Mwasi Mbogo Ksh 960,000

(e) Wendy Chao Mwasi Ksh 450,000

2. A receiving order was issued on 13th April 2012.

3. Various creditors meetings have been held with the debtor at the official receiver’s offices that being held on 21st May 2014. The debtor has been unable to propose a composition on scheme for consideration by the debtors. Accordingly on the application of the official receiver the debtor publicly examined on 17th March 2014.

4. In summary the debtor stated that he was operating a business called Vinodray tailors, until he became unwell and the business was unable to operate and thereby was unable to pay debts. He is supported by his daughter who pays his rent and buys him food. The debtor was unable, on being questioned, to state any asset that could be sold to pay the creditors.

5. Accordingly I make the following order:

(a) Pursuant to the petition dated 10th April 2012 against BHARADVA VINODRAY RAJSHIBAJI of Box number 34041-80100 Mombasa on which a receiving Order was made on 13th April 2012 and on reading the petition and all its annextures and on hearing the debtor during Public Examination I do hereby order that the debtor be and the debtor is hereby adjudged Bankrupt.

It is so ordered.

Dated and delivered this 25th day of June 2015.

MARY KASANGO

JUDGE

25. 6.2015

Coram

Before Justice Mary Kasango

C/Assistant- Kavuku

For official Receiver:

For Breaburn School:

For K REP Bank:

For Dorothy Kamande

For Sandra Samba Mwasi:

For Wenduy Chao Mwasi:

Court

Judgment delivered in their present /absence in open court.

MARY KASANGO

JUDGE