- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/90 OF 2006 NO.N/90 OF 2006 NO.N/90 OF 2006 Re. Ashish Subdear Tiwari & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/91 OF 2006 NO.N/91 OF 2006 NO.N/91 OF 2006 Re. Chandrashekhar Dasu Shetty & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/118 OF 2006 NO.N/118 OF 2006 NO.N/118 OF 2006 Re. Bhoja Taniya Bangera & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/119 OF 2006 NO.N/119 OF 2006 NO.N/119 OF 2006 Re. Bhoja Taniya Bangera & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/131 OF 2006 NO.N/131 OF 2006 NO.N/131 OF 2006 Re. Satish Shankar Sawant & Ors. ... Judgment Debtors - 2 - Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/132 OF 2006 NO.N/132 OF 2006 NO.N/132 OF 2006 Re. Serveen Eruch Powvalla & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/164 OF 2006 NO.N/164 OF 2006 NO.N/164 OF 2006 Re. Shashi Laxman Kadam & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/165 OF 2006 NO.N/165 OF 2006 NO.N/165 OF 2006 Re. Dr.Ravi Shreeram Bangadkar & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/166 OF 2006 NO.N/166 OF 2006 NO.N/166 OF 2006 Re. Shrinivas Sankappa Poojary & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/167 OF 2006 NO.N/167 OF 2006 NO.N/167 OF 2006 Re. Ashok Chimanlal Mehta & Ors. ... Judgment Debtors - 3 - Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/168 OF 2006 NO.N/168 OF 2006 NO.N/168 OF 2006 Re. Alok K. Paul & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors WITH WITH WITH IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY NOTICE NOTICE NOTICE NO.N/169 OF 2006 NO.N/169 OF 2006 NO.N/169 OF 2006 Re. Bharat Manubhai Lakhani & Ors. ... Judgment Debtors Ex-parte :- The Bharat Co-operative Bank (Mumbai) Ltd. ... Judgment Creditors Dr.D.R.Talankar i/b Mr.A.K.Moily and Shri V.S.Borade for Judgment Creditors CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 18,2007 : SEPTEMBER 18,2007 : SEPTEMBER 18,2007 P.C.: P.C.: P.C.: 1. The learned counsel appearing for the Judgment Creditors states that this insolvency notice is taken out on the basis of a recovery certificate under section 101 of the Maharashtra Co-operative Societies Act,1960. The learned counsel for the Judgement creditors seeks permission to withdraw the insolvency notices in view of the decision of this court dated 4th September 2007 in the Notice of Motion No.40 of 2007 (Re.Kishore K. Mehta) and other connected matters holding that an insolvency notice under sub section 2 of section 9 of the Presidency Towns Insolvency Act,1909 is not maintainable. - 4 - Accordingly, insolvency notice stands dismissed as withdrawn. JUDGE JUDGE JUDGE