:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY IN INSOLVENCY IN INSOLVENCY NOTICE OF MOTION NO. 103 OF 2005 NOTICE OF MOTION NO. 103 OF 2005 NOTICE OF MOTION NO. 103 OF 2005 IN IN IN NOTICE NO. N/30 OF 2005 NOTICE NO. N/30 OF 2005 NOTICE NO. N/30 OF 2005 Santosh Kumar Bagla ...Judgment Debtor AND Ex-parte The Hongkong and Shanghai Banking Corpn. ltd ...Judgment creditor NOTICE OF MOTION NO. 104 OF 2005 NOTICE OF MOTION NO. 104 OF 2005 NOTICE OF MOTION NO. 104 OF 2005 IN IN IN NOTICE NO. N/31 OF 2005 NOTICE NO. N/31 OF 2005 NOTICE NO. N/31 OF 2005 Smt. Pushpa S.Bagla ...Judgment Debtor AND Ex-parte The Hongkong and Shanghai Banking Corpn. ltd ...Judgment creditor NOTICE OF MOTION NO. 105 OF 2005 NOTICE OF MOTION NO. 105 OF 2005 NOTICE OF MOTION NO. 105 OF 2005 IN IN IN :2: NOTICE NO. N/32 OF 2005 NOTICE NO. N/32 OF 2005 NOTICE NO. N/32 OF 2005 Bhupendra S.Bagla ...Judgment Debtor AND Ex-parte The Hongkong and Shanghai Banking Corpn. ltd ...Judgment creditor J.P. Sen i/by. G.R. Mehta for judgment creditors. Abhay Pandey i/by. Le Roy Collaco for judgment debtors. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. DATED: 18TH APRIL, 2006. DATED: 18TH APRIL, 2006. DATED: 18TH APRIL, 2006. P.C. : P.C. : P.C. : 1. In view of the subsequent event that the decree has been assigned by the judgment creditor in favour of The Hongkong and Shanghai Banking Corporation Ltd the issuance notice issued by the judgment creditor does not survive any further. Accordingly motion is made absolute and Notice :3: No.N/30 of 2005 is set aside. However it is made clear that the assignee of the decree namely the Hongkong & Shanghai Banking Corporation Ltd will be at liberty to initiate fresh notice under Section 9 of the Presidency Towns Act on the basis of assignment of decree in their favour. Motion disposed off accordingly. No order as to costs. 2. As Notice of Motion No. 104 of 2005 and 105 of 2005 are based on identical facts as that of Notice of Motion No. 103 of 2005 identical orders are passed in both the above notice of Motions. sd/- ********