NMIS82-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY INSOLVENCY & INTESTATE JURISDICTION NOTICE OF MOTION NO.82 OF 2010 IN INSOLVENCY PETITION NO.19 OF 2004 Raja L. Luthria .. Petitioner Versus Vinod Manohar Desai .. Respondent Mr.H.V.Chande for petitioning creditor Mr.O.A.Das for insolvent Mr.Y.C.Parikh, Official Assignee present CORAM : S.C.DHARMADHIKARI, J. DATE : 15th February 2011. P.C.: 1] This motion is for annulling and setting aside the order of adjudication dated 21st September 2004. 2] Mr.Das appearing for insolvent No.2 who has moved this motion has stated that there is no dispute or denial on record with regard to the statements in the affidavit in support of the Insolvent/ judgement debtor No.2. He submits that the creditors whose names are enlisted in the said affidavit are the only creditors and their claims have been settled. Further, he has also settled the claim of petitioning creditor Raja Luthria. NMIS82-10.doc 2 3] The petitioning creditor has been duly served but none appears on his behalf. The Official Assignee states that barring the creditors whose names are enlisted in the affidavit in support, there are no claims pending against the insolvent No.2. 4] In such circumstances and bearing in mind, the age of Insolvent No.2 who has been adjudged as insolvent on 21st September 2004, he can be granted the relief as prayed for. Motion is therefore, made absolute in terms of prayer clause (a). However, the official assignee is authorised to deduct the commission charges as per Rule 180 of the Rules. (S.C.Dharmadhikari, J)