: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. 48 OF 2006 NOTICE OF MOTION NO. 48 OF 2006 NOTICE OF MOTION NO. 48 OF 2006 IN IN IN PETITION NO. 89 OF 2004 PETITION NO. 89 OF 2004 PETITION NO. 89 OF 2004 Re: Smt. Saraswati Ramkurti Mudaliar ...Insolvents vs. Apna Sahakari Bank Ltd....Petitioning Creditors. Mrs. P.M. Gavkar for petitioning creditor. Ms. Tamil Selvi for Insolvent no.1. Mr. Y.C. Parikh, O.A. present. 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. Motion is made absolute in terms of prayer clause (a) and (b). Petition is restored. In so far as the main petition is concerned I heard the learned counsel. The only ground made out is that the recovery certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960 was ex-parte. If it is so the judgment :2: debtor ought to have adopted appropriate legal proceedings to challenge the said certificate. It is not possible go take into the question of validity of recovery certificate in the present insolvency proceedings. In the light of the aforesaid the petition is made absolute in terms of prayer clause (a). sd/- ********