1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO.61 OF 2009 IN INSOLVENCY PETITION NO.38 OF 2009 Re : Mahesh Parekh. ...Debtor. Ex-parte: Master Financial Services Ltd. ...Judg. Creditor. .... Mr. Kishore P. Jain i/b. P.V. Shah for the Judgment Creditor. Mr.M.C.Shah i/b. Ajay K. Rai for Judgment Debtor. ..... CORAM :DR.D.Y.CHANDRACHUD, J. December 15, 2009. P.C. The Notice of Motion has been taken out for setting aside the Insolvency Notice dated 14th August 2009. The decree in the Summary Suit was passed by this Court on 17th July 2006. The Division Bench while admitting the appeal observed in its order dated 29th November 2006 that the admission of the appeal shall not be construed as stay of the impugned decree. No steps were taken for seeking a stay of the execution of the decree for a 2 period of nearly three years. An Insolvency Notice was taken out on 14th August 2009. Prior thereto, the warrant of attachment was issued on 28th July 2009. A Notice of Motion has been taken out for stay of the execution of the decree on 9th November 2009. Admittedly the decree has not been stayed. In the circumstances, the decree which forms the basis of the Insolvency Notice continues to hold the field. Hence, no case has been made out for setting aside the Insolvency Notice. The Notice of Motion is dismissed. Stay refused. ....