1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.320 OF 2004 IN NOTICE OF MOTION NO.1025 OF 2001 IN SUMMARY SUIT NO.5936 OF 1999 Smt.Hirakani Sanatkumar Dixit & ors. Appellants vs. Shri Ramchandra Ganpat Nimbalkar & Anr. Respondents Mr.Y.N.Adhia for the Appellants. Mr.A.G.Damle for the Respondent No.1. CORAM : DR.S.RADHAKRISHNAN & ANOOP V. MOHTA,JJ. DATED : 15th February, 2008 P.C. Heard the learned counsel for the Appellants and learned counsel for Respondent No.1. 2. After hearing the parties for some time, the following order is passed: (1) The decree dated 20th December, 1999, which was confirmed by the impugned Order dated 8th September, 2003 is already satisfied and the Respondent has confirmed satisfaction of such decree in the Consent Minutes of Order dated 20th December 2007 filed in Appeal Nos.238 of 2007 and 2 239 of 2007 in this Court. (2) In view of the satisfaction of the decree, the following proceedings shall stand dismissed as withdrawn: (a) Insolvency Notice No.N/63 dated 31st March, 2006 taken out by 1st Respondent against the Appellants. (b) Insolvency Petition No.99 of 2006 filed by 1st Respondent against the Appellants. (c) Appeal (L) No.1001 of 2006 filed by the Appellants against the 1st Respondent challenging the Order dated 3rd October, 2006 passed in Notice of Motion No.93 of 2006 in Insolvency Notice No.N/63 of 2006 and (d) Present Appeal No.320 of 2004. (3). The Order dated 3rd October 2006 passed in Notice of Motion No.93 of 2006 in Insolvency Notice No.N/63 of 2006 is hereby set aside. (4) Refund of Court fees paid by the Appellants on the present Appeal as per Rules. 3 (5) No order as to costs. (6). Certified copy expedited. (7) All concerned to act upon an ordinary copy of this Order, duly authenticated by the Associate of this Court. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.] [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, J.] J.] J.]