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.10 OF 2007 OF MOTION NO.10 OF 2007 OF MOTION NO.10 OF 2007 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION PETITION PETITION NO.258 OF 2006 NO.258 OF 2006 NO.258 OF 2006 Re.1.Bikram Singh Victor Singh Barma & Ors. ... Judgment Debtors Ex-parte :- Punjab and Maharashtra Co-op Bank Ltd. ... Petitioning Creditor WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO.11 OF 2007 OF MOTION NO.11 OF 2007 OF MOTION NO.11 OF 2007 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION PETITION PETITION NO.258 OF 2006 NO.258 OF 2006 NO.258 OF 2006 Re.1.Bikram Singh Victor Singh Barma & Ors. ... Judgment Debtors Ex-parte :- Punjab and Maharashtra Co-op Bank Ltd. ... Petitioning Creditor Mr.C.H.Tripathi for the Judgment Debtors Mr.Talankar i/b Mr.U.S.Borade for Petitioning Creditor 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. Heard learned counsel for the parties. This notice of motion is taken out by one of the Judgment Debtors for setting aside the insolvency notice issued under sub section 2 of section 9 of the Presidency Towns Insolvency Act,1909. The insolvency notice is based on a recovery certificate issued under section 101 of the Maharashtra Co-operataive Societies Act,1960. 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, the insolvency notice under the said Act of 1909 is itself not maintainable on the basis of a recovery certificate issued under section 101 of the said Act of 1960. 2. Hence, notice of motion deserves to be made absolute and accordingly insolvency notice is hereby set aside. JUDGE JUDGE JUDGE