IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOVENCY NOTICE OF MOTION NO. 20 of 2008 IN PETITION NO. 108 of 2003 Re :- Kirit Indulal Khatadia : Insolvent v/s Exparte 1. Bank of Baroda : Petitioning Creditors Mr. Q.M. Ashfaq advocate for insolvent in support of notice of motion Mr. Y.C. Parikh official assignee present Coram : S.C.Dharmadhikari, J Date : 3.6.2008 P.C. This notice of motion seeking relief u/s 21(1) of the Presidency Towns Insolvency Act 1909. The insolvent Kirit I. Khatadia has filed the affidavit in support of notice of motion and has contended that the order of adjudication passed on 3.8.2004 be annulled as the liabilities have been discharged in full. The contents of paras 2 and 3 of this affidavit are confirmed by the Official Assignee. The official assignee has stated before me that he has fully satisfied himself with regard to all claims which were pending against the insolvent. Not only the petitioning creditor has remained absent and not denied the contents of this affidavit but the official assignee confirms that all receipts evidencing payments and full discharge are produced before him. The official assignee has satisfied himself that there are no outstanding claims and no creditor has come forward when the report is submitted or no objection is granted by Official Assignee. In the above circumstances and in facts peculiar to this case notice of motion is made absolute in terms of prayers (a) and (b). No costs. (S.C.Dharmadhikari, J)