1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO. 136 OF 2007 MOTION NO. 136 OF 2007 MOTION NO. 136 OF 2007 inin in NOTICE NOTICE NOTICE NO.N.191/2007 NO.N.191/2007 NO.N.191/2007 Hitesh Hitesh Hitesh Jain Jain Jain . Judg.Crs Judg.Crs Judg.Crs vs vs vs Mukesh Mukesh Mukesh Shah Shah Shah ...... Judg.Debtors Judg.Debtors Judg.Debtors Mr.R.Shukla Mr.R.Shukla Mr.R.Shukla i.b i.b i.b Mr.R.C.Jain for Peti.Crs Mr.R.C.Jain for Peti.Crs Mr.R.C.Jain for Peti.Crs CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATED DATED DATED : : : 15th January, 2008 15th January, 2008 15th January, 2008 P.C. P.C. P.C. 1.1.1. The only ground pressed into service for grant The only ground pressed into service for grant The only ground pressed into service for grant of of of relief of setting aside Insolvency notice dated relief of setting aside Insolvency notice dated relief of setting aside Insolvency notice dated 19th 19th 19th October, 2007 is that the exparte decree October, 2007 is that the exparte decree October, 2007 is that the exparte decree passed passed passed against the defendants is already made against the defendants is already made against the defendants is already made subject subject subject matter of challenge in Notice of Motion matter of challenge in Notice of Motion matter of challenge in Notice of Motion No.3229 No.3229 No.3229 of of of 2006. However, the Judgment Creditor in 2006. However, the Judgment Creditor in 2006. However, the Judgment Creditor in reply reply reply filed before this Court has placed on record filed before this Court has placed on record filed before this Court has placed on record that that that the said notice of motion has been dismissed the said notice of motion has been dismissed the said notice of motion has been dismissed on on on 22nd January, 207. Counsel for the Judgment 22nd January, 207. Counsel for the Judgment 22nd January, 207. Counsel for the Judgment Debtor Debtor Debtor submits that he had no knowledge about the submits that he had no knowledge about the submits that he had no knowledge about the said said said order. The fact remains that the decree is order. The fact remains that the decree is order. The fact remains that the decree is still still still operating against the Judgment debtor. For operating against the Judgment debtor. For operating against the Judgment debtor. For that that that reason, this motion is devoid of merit. reason, this motion is devoid of merit. reason, this motion is devoid of merit. Hence, Hence, Hence, dismissed. dismissed. dismissed. 2