1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.493 OF 2009 IN I.B.S.PETITION NO.40 OF 2001 Deepak Pravin Meghani and Ors. .... Appellants V/s. Prakash Jain and Ors. ..... Respondents Mr.A.Y.Bookwala, Sr.Advocate, with Mr.S.J.Khera i/by Smt.Suchitra Patra, for the appellants. Mr.Ramesh Jain, for respondent No.1. CORAM :P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : NOVEMBER 21, 2009 P.C. 1. Considering the reasoning given by the learned Single Judge, it is clear that the claim of the appellant/creditors is disputed by the respondent/debtor on the ground that he has repaid the amount. Though, there is some substance in the argument of the learned counsel for the appellant that such defence is not plausible, as by registered document mortgage was created and the mortgage is still continued. However, this being insolvency proceedings, it would not be proper to entert into disputed question of facts and to find out as to whether respondent has paid back the amount or not. It would be just and proper for the appellant to file appropriate proceedings to get his claim 2 adjudicated by leading appropriate evidence in support of his claim. Suffice to say that we are not inclined to interfere with the order passed by the learned Single Judge. However, it is clarified that the observations made by the learned Single Judge in the order is to be treated as tentative in nature and in case the suit is filed, it is to be decided on its own merits and as per the evidence on record. 2. Subject to what is stated above, the appeal is dismissed with no order as to costs. ( R.C.CHAVAN, J. ) ( P.B.MAJMUDAR, J.)