: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION INSOLVENCY PETITION NO.84 OF 2006 INSOLVENCY PETITION NO.84 OF 2006 INSOLVENCY PETITION NO.84 OF 2006 Re.: . Ruffina Rajendra Amim & Ors. ...Debtors Ex-parte: Mandvi Co-operative Bank Ltd. ...Petitioning Creditor Dr.D.R. Talankar, Advocate, i/b. U.S. Borade, for the Petitioning Creditor. CORAM : ABHAY S. OKA, J. DATED : 16TH OCTOBER, 2007. P.C.: 1. The insolvency notice which is the subject matter of this petition has been taken out on the basis of a recovery certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960. 2. In view of the decision of this Court dated 4th September, 2007 in Notice of Motion No.40 of 2007 (Re.Kishore K. Mehta) and other connected matters, an insolvency notice under Section 9(2) of the Presidency Towns Insolvency Act, 1909 could not have been taken out on the basis of a recovery certificate issued under Section 101 of the said Act of 1960. : 2 : 3. Therefore, even if the debtor fails to take steps for setting aside the insolvency notice within the time stipulated by law, no consequences will flow from the insolvency notice. Therefore, the petition is not maintainable and the same is dismissed as not maintainable. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]