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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 83 OF 2008 NO. 83 OF 2008 NO. 83 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 155 OF 2006 OF MOTION NO. 155 OF 2006 OF MOTION NO. 155 OF 2006 IN IN IN WRIT WRIT WRIT PETITION NO. 53 OF 2000 PETITION NO. 53 OF 2000 PETITION NO. 53 OF 2000 Mr. Narinder Singh Kambhoj ] .. Appellant Versus 1. Hindustan Petroleum Corpn.Ltd. & anr] .. Respondents Mr. U.J. Makhija i/b K.J. Somane for the appellant. Mr. M.D. Siodia i/b M/s. Rustomji & Ginwala for the respondents. CORAM: S.B. MHASE & PRASANNA B. VARALE, JJ. DATED: 06TH AUGUST, 2008 P.C. : 1. Heard. 2. The insolvency proceedings are going on. One Mr. Daljit Singh Khambhoj is already declared as an insolvent. The appellant is his brother. He has come forward to settle the claim with Hindustan Petroleum at Rs.10,00,000/-, when the liability is Rs.43,00,000/-. 3. Hindustan Petroleum Corporation is not ready : 2 : to accept the settlement. Therefore, there is no question of settling the matter. The Notice of Motion has been rightly disposed of by the single Judge. Apart from that, as against such an order, appeal is not tenable. 4. Appeal rejected. Sd/- Sd/- [PRASANNA [PRASANNA [PRASANNA B. VARALE, J.] B. VARALE, J.] B. VARALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]