1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO.39 OF 2007 IN INSOLVENCY PETITION NO.114 OF 2002 Re: Nayan P. Shah ... Insolvent Exparte: Mansukhlal Chimanlal Shah ...Petitioning Creditor. Mr.S.U.Kamdar i/b.Mr.N.M.Shah for the insolvent. Mr.P.G.Desai for the petitioning creditor. Mr.Y.C.Parikh, Official Assignee present. CORAM : ANOOP V. MOHTA,J. DATED : 3rd April, 2007 P.C. The learned counsel appearing for the insolvent makes a statement, on instructions, that the amount which is reported as shortfall i.e. Rs.5,26,465/-, will be deposited in court through his well wisher with the Official Assignee, within two days. The learned counsel appearing for the petitioning creditor has no objection. 2. Taking into consideration the report of the Official Assignee and the statement made by the learned counsel for the insolvent, I am inclined to grant this notice of motion in terms of prayers (a) and (b) which read thus: (a) That the order of adjudication passed against the insolvent viz. Nayan 2 Premchand Shah herein, by the Hon’ble the Insolvency Court on 19th August 2003 may be annulled under Section 21(1) of the Presidency Town; Insolvency, Act, 1909 on the ground of full payment. (b) That the public examination of the insolvent Nayan Premchand Shah herein be ordered to be dispensed with by this Hon’ble Court. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]