*1* oar.11.11.inpt.71.06.914.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION OFFICIAL ASSIGNEE'S REPORT NO.11 OF 2011 IN INSOLVENCY PETITION NO.71 OF 2006 Neeta H. Panchmatia. ..Petitioning Creditor. -And- The Official Assignee of Bombay. ..Petitioner -versus- Anant V. Hegde and another. ..Insolvents. -And- Maersk India Pvt.Ltd. and others. ..Respondents ............ Mr.H.V.Chande, for the Petitioning Creditor. Mr.D.A.Athawale, for the Respondent No.1. Mr.A.R.Bamne, for the Dena Bank. Mr.Pramit K. Mishra i/by Bhandary & Bhandary for the Insolvent No.1. Ms.Kavita S. Lalwani, for the substituted Petitioning Creditor. Mr.M.D.Narvekar, Official Assignee, present in person. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 20th December, 2011. P.C.: 1 Heard. 2 The learned counsel appearing for the Insolvent seeks time to file the affidavit in reply. It is clearly stated on behalf of the Respondent No.1 that it has not challenged the order passed by this Court on 18.01.2011 in Notice of Motion No.60/2010 rather it has accepted the order. 3 Now, it is stated on behalf of the Dena Bank that the title deeds and documents are not with the said Bank and they have been *2* oar.11.11.inpt.71.06.914.sxw handed over to the Company, namely, the Respondent No.4 which is stated to be that of the Insolvent. 4 The Respondent No.3 has also not challenged the order passed on the another Notice of Motion being No.4/2011 which was moved in this matter. 5 In the light of the contents of the report and considering all orders passed by this Court on the earlier occasions, in my view, the Insolvent cannot resist the request of the Official Assignee as what is being done is to retrieve and take possession of the property belonging to the Insolvent. The Official Assignee has reported that there are two locks placed on the property and one is stated to be that of the Respondent No. 1. Once the Respondent No.1 has not taken any proceedings and has accepted the order, then, the Official Assignee can remove the lock placed by the Respondent No.1 as it has no right, title and interest in the property beyond the right to possess as licencee which has also come to an end. 6 In these circumstances, this report is made absolute by permitting the Official Assignee to remove the locks from the premises and break open the same and take forcible possession of the flat more particularly described in prayer clause (b) and thereafter, the Inventory may be taken. As of now the Insolvent need not have any apprehension because the Official Assignee is yet to take possession of the premises. The question of selling the same by public auction or private treaty does not arise at this stage. In such circumstances, the report is made absolute in terms of prayer clauses (b), (c) and (d). (S.C. Dharmadhikari, J)