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 ORIGINAL CIVIL JURISDICTION IN INSOLVENCY PETITION NO.119 OF 2005 Shankar Vithal Shetty and anr. ..Judgment Debtors. Exparte The Greater Bombay Co.op. Bank Ltd. ..Petg. Creditor. Mr.N.R.Sachdev for the Petitioning Creditor. CORAM: A.S. OKA, J. DATE : SEPTEMBER 4, 2007 P.C. P.C. P.C. 1. The claim in the petition is based on a Recovery Certificate issued under Section 101 of the Maharashtra Co.op. Societies Act,1960. The Insolvency Notice is taken out on the ground that the Recovery Certificate issued under Section- 101 of the said Act of 1960 has remained unsatisfied. 2. In view of the decision of this Court pronounced today in Notice of Motion No.40 of 2007 ( in Re. Kishore K. Mehta) and other connected matters, an Insolvency Notice cannot be taken out on the basis of a Recovery Certificate under Section-101 of the said Act of 1960. In view of the said pronouncement of law, the petition filed on the basis of the Insolvency Notice is not maintainable and therefore, Insolvency Notice as well as the Petition stand disposed of. (A.S. OKA, J.) 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 ORIGINAL CIVIL JURISDICTION IN INSOLVENCY PETITION NO.120 OF 2005 Vishwanath S. Shetty. .. Debtor. Exparte The Greater Bombay Co.op. Bank Ltd. ..Petg. Creditor. Mr.N.R.Sachdev for the Petitioning Creditor. CORAM: A.S. OKA, J. DATE : SEPTEMBER 4, 2007 P.C. P.C. P.C. 1. The claim in the petition is based on a Recovery Certificate issued under Section 101 of the Maharashtra Co.op. Societies Act,1960. The Insolvency Notice is taken out on the ground that the Recovery Certificate issued under Section- 101 of the said Act of 1960 has remained unsatisfied. 2. In view of the decision of this Court pronounced today in Notice of Motion No.40 of 2007 ( in Re. Kishore K. Mehta) and other connected matters, an Insolvency Notice cannot be taken out on the basis of a Recovery Certificate under Section-101 of the said Act of 1960. In view of the said pronouncement of law, the petition filed on the basis of the Insolvency Notice is not maintainable and therefore, Insolvency Notice as well as the Petition stand disposed of. (A.S. OKA, J.) 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 ORIGINAL CIVIL JURISDICTION IN INSOLVENCY PETITION NO.121 OF 2005 DalveersinghDhanjal. .. Judgment Debtor. Exparte The Greater Bombay Co.op. Bank Ltd. ..Petg. Creditor. Mr.N.R.Sachdev for the Petitioning Creditor. CORAM: A.S. OKA, J. DATE : SEPTEMBER 4, 2007 P.C. P.C. P.C. 1. The claim in the petition is based on a Recovery Certificate issued under Section 101 of the Maharashtra Co.op. Societies Act,1960. The Insolvency Notice is taken out on the ground that the Recovery Certificate issued under Section- 101 of the said Act of 1960 has remained unsatisfied. 2. In view of the decision of this Court pronounced today in Notice of Motion No.40 of 2007 ( in Re. Kishore K. Mehta) and other connected matters, an Insolvency Notice cannot be taken out on the basis of a Recovery Certificate under Section-101 of the said Act of 1960. In view of the said pronouncement of law, the petition filed on the basis of the Insolvenecy Notice is not maintainable and therefore, Insolvency Notice as well as the Petition stand disposed of. (A.S. OKA, J.)