*1* nmis.83.10.inpt.166.04.47 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.83 OF 2010 IN INSOLVENCY PETITION NO.166 of 2004 Dushyant Dayaldas Bhakta. ..Petitioning Creditor -Versus- Kamlesh Jitendra Shroff. ..Insolvent .......... None for the Petitioning Creditor. Ms.Bhadra Dalal, for the Insolvent. Mr.Y.C.Parikh, Official Assignee, present in person. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 18th January, 2011. P.C. 1 Heard Ms.Dalal, learned counsel appearing on behalf of the Insolvent. Perused the affidavit in support. It is stated that all requirements of Section 21(1) of the Presidency Towns Insolvency Act, 1909 have been satisfied inasmuch as the debts as disclosed in the schedule have been paid in full. There are only two creditors one of which is the Petitioning Creditor and other is M/s Fairgrowth Financial Services Limited. Both have been paid as is evidenced by the annexures to the affidavit in support. The Official Assignee also supports this fact and states that the commission as contemplated by Rule 180 has not been paid, that is determined at Rs.7,97,714/-. Ms.Dalal states that the Pay Order of the said sum is ready and the same would be tendered on or before 21st January, 2011 (Friday). 3 In the light of the statements, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). (S.C. Dharmadhikari, J)