1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 44 OF 2009 IN NOTICE OF MOTION NO.126 OF 2007 IN INSOLVENCY PETITION NO.5 OF 2000. Minal R. Shah & Ors. ..Debtor/Insolvent. Ex-parte : M/s. Amit Trading Co. ..Petitioning Creditor. And Divyesh M. Shah. ..Applicant. And Official Assignee. ..Respondent. .... Mr. Mehul Shah, for Insolvent No.3. Mr. U.K. Makhija, i/b. Rajendra Mishra, for Applicant. Mr. A.P. Kothari, Deputy Official Assignee, present. .... CORAM : S.J.KATHAWALLA, J. DATE : 1 ST SEPTEMBER 2009. P.C. Since the Official Assignee had admittedly not obtained instructions from the insolvent before consenting to the order passed by this Court dated 4 th December 2007 and furthermore, since the 2 applicant in notice of motion no.126 of 2007 had not served the notice of motion on the present applicant despite having directed the notice of motion against him, the order dated 4 th December 2007 is set aside and notice of motion no.126 of 2007 is kept for hearing on 6 th October 2009. Notice of motion no.44 of 2009 is accordingly disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]