IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY NOTICE NOTICE NOTICE OF MOTION NO. 53 OF 2007 OF MOTION NO. 53 OF 2007 OF MOTION NO. 53 OF 2007 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION PETITION PETITION NO.23 OF 2002 NO.23 OF 2002 NO.23 OF 2002 Surajben N. Shah & Ors. ...Petitioning Creditors vs. Mrs.Lily Ashok Ghosh ...Judgment Debtor Mr.D.P.Guchiya for insolvent Mr.A.V.Doijode for Petitioning Creditors Mr.Y.C.Parikh-Official Assignee present. CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 7,2007 : AUGUST 7,2007 : AUGUST 7,2007 P.C.: P.C.: P.C.: 1. Heard learned Counsel for the insolvent and the learned Counsel for the petitioning creditors. My attention has been invited to the consent order dated 7th March 2007 passed in Appeal No.63 of 1998 in Arbitration petition No.127 of 1997. In view of the settlement reflected from the consent order, the petitioning creditors have no objection for granting this Notice of motion. 2. The learned counsel for the insolvent states that all other creditors have been duly paid. The Official Assignee has confirmed the correctness of the aforesaid fact and has no objection for granting the notice of motion. My attention has been invited to the prayer clause (c) by which the insolvent/applicant is seeking the permission to withdraw a sum of Rs.25,72,661/- lying with the office of the Official Assignee together with interest, if any, accrued thereon, after deduction of charges of the Official Assignee, if any. The Official Assignee confirms that the said amount is pending and has no objection if the said prayer is granted. 3. Hence, Notice of Motion is made absolute in terms of prayer clauses (a) to (c). JUDGE JUDGE JUDGE