1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY INSOLVENCY JURISDICTION NOTICE OF MOTION NO. 37 OF 2010. IN INSOLVENCY NO. 82 OF 2002 Suraj Prakash Khemchand .. Petitioning Creditor v/s. Avinash Bansi Jaising & Anr. .. Respondents. .... Mr. Niranjan Jagtap with Mr. Anil Bagwe for Insolvent No.1. None for Petitioning Creditor. Mr. A. P. Kothari, Dy. Official Assignee present. .... CORAM : S.J. KATHAWALLA, J. DATE : 27TH APRIL, 2010. P.C. 1. This Notice of Motion has been taken on board on a preceipe of the Advocate for Insolvent No.1. 2. By previous orders, dated 17 th March, 2009 Hon’ble Mr. Justice S. J. Vazifdar and further order dated 4 th December, 2009 Hon’ble Dr. Justice D. Y. Chandrachud, had allowed the Notices of Motion to enable Insolvent No.1 to travel abroad on a consultancy, 2 subject to terms and conditions. Counsel for the Petitioning Creditor had no objection to the same prayers being granted. Today, none has appeared for Petitioning Creditor, though the Motion was served upon his Advocates. 3. This Notice of Motion is taken out by Insolvent No.1 who had been adjudicated an insolvent by an order dated 6 th November, 2003 seeking permission of this Court to accept a Consultancy Assignment offered by Danddeli Ferro Pvt. Ltd. The assignment involves Insolvent No.1 traveling to Australia. 4. The Insolvent undertakes to this Court to return to India, latest by 30 th June, 2010 and not to apply for citizenship or residency in any other country. The undertakings are accepted. 5. Further, the Insolvent shall upon receipt of the amounts from the said company, deposit 15% thereof with the Official Assignee. Insolvent No.1 shall submit to the Official Assignee proof of the amount received from the Company within 4 weeks from the receipt thereof. 6. There is nothing on record which creates any doubt about the intentions of the Insolvent No.1, nor is there anything on 3 record to suggest that the assignment is bogus. 7. Subject to the above, the Notice of Motion is made absolute in terms of prayer clauses (a) to (c). It is clarified that this order shall operate only to enable the insolvent No.1 to travel upto 30 th June, 2010. By 30 th June, 2010 he shall return to India. 8. An undertaking for compliance with the conditions set out in this order, shall be filed with Official Assignee within period of one week. 9. The Notice of Motion is accordingly disposed off. 10. Parties to act on authenticated copy of this order. [ S.J.KATHAWALLA, J. ]