1 INPT No.4/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INSOLVENCY PETITION NO.4 OF 2010 Re. M/s Murarka Engineering Works and anr. .. Judgment Debtor. Ex-parte M/s Shree Varun Trading Co. .. Petitioning Creditor. None for the petitioning creditor. Mr Mikail Behl i/b Sonal Doshi & Co. for Debtor no.2. CORAM : S.J.KATHAWALLA, J. Date : 22nd June, 2011. P.C.: 1. By this petition, the petitioning creditor has prayed that an order of adjudication be passed against the debtors, i.e M/s Morarka Engineering Works and Mr Ratanchand Morarka, partner of the said Morarka Engineering Works. The order of adjudication is prayed for in the petition on the basis of an ex-parte decree dated 21.1.2003 passed by this court in Summary Suit No.2593 of 1992. The said ex-parte decree is already set aside and the suit is dismissed by this court by its order dated 23rd February,2011. An appeal is filed by the petitioning creditor therefrom. However, no interim order is obtained in the said appeal till date. In view thereof, not only the ex-parte decree dated 21.1.2003 is set aside but even the suit is dismissed as of date. In view T 2 INPT No.4/2010 thereof, the petition is dismissed with liberty to the petitioning creditor to file a fresh petition if the order passed by this court dated 23.2.2011 is set aside by the Appeal Court. (S.J.KATHAWALLA J.)