1 nmis.34.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN INSOLVENCY NOTICE OF MOTION NO. 34 OF 2010 IN INSOLVENCY PETITION NO. 46 OF 2002 B. D. Agarwal and Another .... Insolvents Ex-parte: G. C. Shah .... Petitioning Creditor And M/s. Krystal Stone Exports Ltd. .... Applicant Versus Official Assignee & others .... Respondents. _____ Mr. J. P. Sen i/b Nisha Parmar for the Official Assignee. Mr. S. A. Tawate for the Applicant. Mr. Y. C. Parikh, Official Assignee present in person. CORAM: S. C. DHARMADHIKARI, J. DATED: FEBRUARY 1, 2011. P.C.: This is a Notice of Motion filed by the applicant company seeking an order and direction to the Official Assignee to return all SSM 2 nmis.34.10 movables which were lying at the registered office of the applicant company as per the list of inventory made by him. 2. Prayer clause (b) of the Notice of Motion reads as under: “The Respondent No. 1 be ordered and directed to return to the Applicant company all it's records/ books of accounts containing in 18 Plastic sacks which he has brought to his office from the said registered office premises of the applicant company.” 3. The Official Assignee has submitted a report dated 12 th November, 2010 wherein at page 3, he has stated as under: The Official Assignee further submits that the following items mentioned in the inventory do not belong to M/s. Krystal Stone Exports Ltd. but it belongs to the company mentioned below:- Sr. No. Gunny Bag No. Item No. Belong to 1 11 1 Krystan Stone Samras Pvt. Ltd. 2 12 25 Krystan Samras Vistex Impex Pvt. Ltd. 3 12 46, 61, 62 & 81 Krystan Stone Samras Pvt. Ltd. 4 13 10 Krystan Stone Samras Pvt. Ltd. Therefore, the Official Assignee respectfully submits that SSM 3 nmis.34.10 he is willing to handover the papers/files belonging to M/s. Krystal Stone Exports Ltd., upon the representative of Applicant identifying the same. The Official Assignee submits to the Orders of the Court. Bombay, dated this 12 th day of November, 2010. 4. The Official Assignee is present in court and states that the items belonging to the applicant company as referred to in this report, will be returned to the applicant company within a period of one week from today. The director of the company, on producing his identification and authorisation can claim these items and the Official Assignee then to hand over the same to him. 5. As far as the prayer (a) is concerned, it is stated that the premises have been sold so also the movables. The applicant claims that the movables are belonging to it and is not a property of the insolvent whereas the Official Assignee states that the articles that are sold are belonging to the insolvent. To my mind, this controversy cannot be resolved in the limited jurisdiction of this court. If the SSM 4 nmis.34.10 applicant company claims title to these movables and claims that they have been wrongfully sold, for which they require to be compensated, then nothing prevents them from approaching a Civil Court and keeping that remedy and all contentions therein open. This notice of motion is disposed off. (S. C. DHARMADHIKARI, J). SSM