IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 856 OF 2006 NO. 856 OF 2006 NO. 856 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 143 OF 2006 OF MOTION NO. 143 OF 2006 OF MOTION NO. 143 OF 2006 IN IN IN NOTICE NOTICE NOTICE NO. N/121 OF 2005 NO. N/121 OF 2005 NO. N/121 OF 2005 Ved Prakash Agarwal ]..Judg.Debtor/ Appellant Vs M/s. Rama Petrochemicals Ltd. ]..Jugt.Creditors /Respondents Mr. Virag Tulzapurkar, senior counsel with Mr. V.R. Dhond and Mr. Madhur Rai i/b M/s. Negandhi Shah & Himayatullah for the appellant. Mr. Kishore Jain with Mr. Jayesh Vyas i/b M/s. Bilawala & Co. for the respondents. CORAM: R.M. LODHA, & S.A. BOBDE, JJ. DATED: 04TH DECEMBER, 2006 P.C. : . After arguing the matter for some time, Mr. Kishore Jain, the counsel for the judgment creditors prayed for withdrawal of Notice No.N/121 of 2005. He prays for liberty to the judgment creditors to take out fresh Insolvency Notice. 2. We find no justifiable reason to decline the prayer of Mr. Kishore Jain for withdrawal of the : 2 : Insolvency Notice No.N/121 of 2005. Obviously, in view of withdrawal of the Insolvency Notice by the judgment creditors, the Notice of Motion No.143 of 2006 and the impugned order dated 7th November, 2006, passed on the said Notice of Motion does not survive. All contentions of the parties are kept open to be agitated as and when fresh Insolvency Notice is taken out by the judgment creditors. In that event, it will be open to the judgment debtor to agitate that grounds set out in Section 9(5) of the Presidency Towns Insolvency Act, 1909 are not exhaustive. 3. Appeal is rendered infructuous in what we have stated above and stands disposed of accordingly. Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [S.A. [S.A. [S.A. BOBDE, J.] BOBDE, J.] BOBDE, J.]