1 nms.3.09.gr. IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN INSOLVENCY NOTICE OF MOTION NO. 3 OF 2009 IN INSOLVENCY PETITION NO. 80 OF 2007 Om Prakash Nihalani and others .... Debtors Exparte VERSUS S.M.S. Thakur .... Petitioner And Amrik Singh Matta ..... Applicant NOTICE OF MOTION NO. 5 OF 2009 IN INSOLVENCY PETITION NO. 80 OF 2007 Om Prakash Nihalani and others .... Debtors Exparte VERSUS S.M.S. Thakur .... Petitioner And Tolaram Bhatia ..... Applicant AND SSM 2 nms.3.09.gr. NOTICE OF MOTION NO. 9 OF 2009 IN INSOLVENCY PETITION NO. 80 OF 2007 Om Prakash Nihalani and others .... Debtors Exparte VERSUS S.M.S. Thakur .... Petitioner And Vinod Parsram Gurani and others ..... Applicants Mrs. Thorat i/b Bipin Joshi for Petitioning Creditor. Mr. S. S. Kanetkar for Insolvent. Mr. K. P. Jain i/by Tushar Garodia for official assignee. Mr. Rajesh Singh for Applicant in Notice of Motion No. 3 of 2009. Mr. O. M. Ashfaq for Applicant in Notice of Motion No. 5 of 2009. Mr. R. V. Govilkar with Mr. Yogesh Deshpande for Applicant in Notice of Motion No. 9 of 2009. Official assignee present in person. CORAM: S. C. DHARMADHIKARI, J. DATED: FEBRUARY 1, 2011. P.C.: The Notice of Motion is allowed to be withdrawn with liberty to file appropriate proceedings. SSM 3 nms.3.09.gr. 2. At this stage, the learned Counsel for the Official Assignee in support of the three reports which are on board today alongwith these three motions, submits that the matters are pending in this court for fairly long time and nothing prevented the applicant from adopting appropriate proceedings till this date. 3. It is submitted that in these circumstances, this court, while permitting the applicants to withdraw the notice of motion with liberty to file appropriate proceedings, should impose some conditions so that the proceedings which may be adopted are not prolonged unnecessarily. 4. The petitioning creditors are also anxious that the court may pass appropriate orders on report, but the pendency of the motions has been, according to them preventing them from taking up the report. For all these reasons, while disposing off these motions as withdrawn with liberty, it is directed that if the applicants take recourse to the appropriate remedy within a period of six weeks from SSM 4 nms.3.09.gr. today and obtain such orders, interim or otherwise, within this period, the reports which are taken up today would be taken up by this court and no further adjournments will be granted on any count whatsoever after the period of six weeks has expired. In other words, the Applicants should obtain necessary orders protecting their rights and to enable them do so, this time is granted. In the event of their failure to obtain the orders as above, the Court will proceed to pass necessary directions on the Reports. 5. Notice of motions are disposed off with above directions and liberty. No order as to costs. (S. C. DHARMADHIKARI, J). SSM