1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO.3 OF 2005 IN INSOLVENCY NOTICE NO.N/129 OF 2001 M/s.Omkar Binding Works & Ors...Judgment Debtors. Ex-parte Bombay Mercantile Co-operative Bank Ltd. ..Judgment Creditors. .... Mr.T.N.Tripathi i/b Mr.S.K.Tambawalla for Judgment Creditors. Mr.Prakash Shah for Judgment Debtor No.6. .... CORAM : DR.D.Y.CHANDRACHUD, J. CORAM : DR.D.Y.CHANDRACHUD, J. CORAM : DR.D.Y.CHANDRACHUD, J. 15th March, 2005. P.C. : The Insolvency Notice is founded on a decree of the Co-operative Court dated 26th December, 2000 for the recovery of an amount of Rs.27,38,303/- together with interest at the rate of 15.5% per annum from 1st October, 1996 till 2 realization. The sole ground which is urged in support of the Motion for setting aside the Insolvency Notice is that the Applicant, who is original Judgment Debtor No.6 was not served with the proceedings before the Co-operative Court. In paragraph 2(d) of the judgment and order dated 26th December, 2000, the Co-operative Court has mentioned that Opponent Nos.1, 2, 4 , 5 and 6 before that Court but they did not file their written statement. In the circumstances, there is no merit in the submission. Besides the Applicant has not moved any proceedings either for setting aside the judgment and order dated 26th December, 2000 or by carrying the matter in appeal to the Co-operative Appellate Court. In the circumstances, there is no merit in the Motion, which is accordingly rejected.