1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.70 OF 2009 IN INSOLVENCY NO.82 OF 2002 Suraj Prakash Khemchand ..Petitioning Creditor Vs. Avinash Bansi Jaisin & Anr. ..Insolvents Mr. Niranjan Jagtap with Mr. Anil Bagwe for Insolvent No.1 Mr. K.T. Kukreja for Petitioning Creditor Mr. A. P. Kothari , Dy. Official Assignee present CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 4th December , 2009 P.C. : 1. The Notice of Motion has been taken on board on a precipe of the Advocate for Insolvent No.1. 2. By a previous order dated 17th March 2009, Hon’ble Mr. Justice S. J. 2 Vazifdar had allowed the Notice of Motion to enable Insolvent No.1 to travel abroad on a consultancy, subject to terms and conditions. Counsel for the Petitioning Creditor has no objection to the same prayer being granted. 3. This Notice of Motion is taken out by Insolvent No.1, who had been adjudicated an insolvent by an order dated 6th 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 Hong Kong. 4. The Insolvent undertakes to this Court to return to India, latest by 15th January 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. 3 6. There is nothing on record which creates any doubt about the intentions of Insolvent No.1, nor is there anything on 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 (d). It is clarified that this order shall operate only to enable insolvent No.1 to travel upto 15th January 2010. By 15th January 2010 he shall return to India. 8. Prayer clause (e) is for permission to the Insolvent No.1 to renew the passport which is to expire on 2nd April 2010. Insolvent No.1 on returning to India, is permitted to apply for renewal of the passport subject to the condition that, immediately upon renewal, the passport shall be deposited with the Official Assignee. 9. An undertaking for compliance with the conditions set out in this order, shall be filed with the Official Assignee within a period of one week. 4 10. The Notice of Motion is accordingly disposed of. 11.Parties to act on authenticated copy of this order. (Dr. D.Y.Chandrachud, J)