# Uttamchand Devichand Shah & Anr. vs. Bansi Jairamdas Jaising & Ors.

> HC judgment dated 2026-07-02. Citation: TCN-2026-HC-00030. The controversy arose from the Official Assignee's insistence that claims in insolvency proceedings…

- **Court:** HC
- **Order date:** 2 Jul 2026
- **Citation:** TCN-2026-HC-00030
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/uttamchand-devichand-shah-anr-vs-bansi-jairamdas-jaising-ors-2e6c2

## Summary

### Background

The controversy arose from the Official Assignee's insistence that claims in insolvency proceedings must be based on a decree or order from a competent court. This stance was challenged by the counsel for the insolvents, leading the High Court to frame a specific legal question for adjudication regarding the necessity of a decree for making a claim before the Official Assignee.

## Facts

A claim was lodged by a creditor with the official assignee.

The official assignee, relying on certain orders, stated that claims could not be considered unless adjudicated by a Court or competent authority.

Counsel for the insolvent objected to the official assignee's stance.

On January 30, 2026, the Court framed a question for adjudication regarding the necessity of a decree for claims.

Mr. Mehta and Mr. Darshit Jain were requested to assist the Court as counsel.

Mr. Mehta, representing Insolvent No.1 in Insolvency Petition No.82 of 2002, submitted that no decree is required for making a claim before the official assignee.

Mr. Jain, Amicus Curiae, adopted Mr. Mehta's submissions and drew parallels with the Insolvency and Bankruptcy Code (IBC) provisions.

…

## Issues and analysis

### Issue 1: Whether the official assignee is required to satisfy the claim only on the basis of a Decree or …

**Ratio:** A creditor is not required to be a decree-holder to make a claim of dues with the

…

**Reasoning:** The Presidency-Towns Insolvency Act, 1909, defines 'creditor', 'debt', and 'liability'

…

**Interpretation:** The Presidency-Towns Insolvency Act, 1909, is designed to allow all legitimate

…

**Application:** The official assignee must accept and independently examine claims from all

…

## Parties

- **Judges:** JITENDRA JA…
- **Appellants:** Uttamchand…; Suraj Prakash…; +1 more
- **Respondents:** Bansi Jairamdas…; Ravi Bansi…; +2 more
- **Other parties:** R.V.…
- **Advocates:** Gaurang…; Rhea M…; +4 more

## Timeline

- **2026-01-30 — Question…**: The Court framed a question for adjudication regarding whether the official assignee is…
- **2026-07-02 — Judgment De…**: Justice Jitendra Jain delivered the judgment, concluding that a decree is not a…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/bombay-high-court-panaji/uttamchand-devichand-shah-anr-vs-bansi-jairamdas-jaising-ors-2e6c2