1 oar253.10.doc ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY OFFICIAL ASSIGNEE’S REPORT NO. 253 OF 2010 IN INSOLVENCY PETITION NO.46 OF 2002 Re:B.D.Agarwal & anr. .. Insolvents. Ex-Parte:- G.C.Shah. .. Petitioning Creditor. And The Official Assignee, High Court, Bombay. .. Petitioner. Mr. S.A.Tawate, advocate for Insolvent. Mr. Y.C.Parikh, O.A. present. CORAM: S.C.DHARMADHIKARI, J. DATED: MARCH 1, 2011 P.C. 1 Heard Mr. Tawate, learned Counsel appearing for the Insolvent. Perused the report. In my view, it is not necessary to refer to the allegations made in the reply and sur-rejoinder. From the contents of the report, it is clear that the Official Assignee has been permitted to engage advocate in insolvency matters as he 2 oar253.10.doc does not maintain a panel of advocates. He takes leave of the court and depending upon the facts and circumstances in each case, the Official Assignee engaged the services of the legal practitioner and advocates. In this case the Official Assignee has pointed out that the leave has been taken and since the matter had some complications and legal issues were also involved, he thought it appropriate to engage services of the advocate. 2 To my mind, there is no substance in the contention of the advocate that the principles of natural justice are violated. Ultimately, it is a matter between Official Assignee and the Court. The Court will always ensure that the Asses are not wasted or frittered away or diminished in any manner, as there are claims of other creditors involved. In such circumstances, by exercising due caution, the Court has granted necessary leave. In the circumstances, the request of the Official Assignee made in this report deserves to be granted. The report is therefore, allowed. All objections to the contrary of the Insolvent need not be gone into at this stage as the matter is essentially between the Official Assignee and the Court. (S.C.DHARMADHIKARI, J.)