1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO.69 OF 2009 IN INSOLVENCY PETITION NO.34 OF 2005 Lav Chadha and others ..Insolvents. SICOM Limited .. Petitioning Creditor. .... Mr. Amit Kasbe for the Petitioning Creditor. Mr. Vinod N. Solanki - Insolvent No.1 present. Mr. A.P. Kothari, Deputy Official Assignee present. .... CORAM: DR. D.Y. CHANDRACHUD, J. 17th December, 2009. P.C. : 1. The relief that has been sought is for permission for Insolvent No.1 to proceed to the U.S. for a period of six months. Insolvent No.1 states that his daughter who resides in New Jersey is expecting a child and is due to deliver some time in December 2009 or January 2010. Insolvent No.1 who is a widower proposes to go to the U.S. for a period of six months. 2 2. An affidavit in reply has been filed on behalf of SICOM which is a Petitioning Creditor. The claim of SICOM is in the amount of Rs.1.58 Crores upon which further interest has accrued pursuant to a judgment and decree dated 29th August, 2003 of this Court in Miscellaneous Petition 58 of 2000. SICOM has averred in its reply that the application is only a device to leave the country without clearing the dues of the creditors and that Insolvent No.1 has a malafide intention to flee from the country. 3. Prima facie, at this stage no ground has been made out to allow the prayer of the First Insolvent. The private examination of the First Insolvent is in the concluding stages but examination of the other Insolvents is still to take place. Thereafter the presence of the Insolvents would be necessitated for carrying out the public examination. Prima facie, there is no justifiable reason why the Petitioner should be granted permission particularly having regard to the large outstandings which are due and payable to the Petitioning Creditors. The contention of the Petitioning Creditors that the 3 permission of this Court is liable to be misused cannot be rejected at this stage. The Applicant who has been adjudged as an insolvent is not even in a position to furnish adequate security for his presence. In these circumstances when the proceedings are still to be completed, the prayer for the grant permission to leave the country for a period of six months cannot be granted. The Notice of Motion is accordingly dismissed. *****