:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY IN INSOLVENCY IN INSOLVENCY NOTICE OF MOTION NO. 4 OF 2008 NOTICE OF MOTION NO. 4 OF 2008 NOTICE OF MOTION NO. 4 OF 2008 IN IN IN PETITION NO. 8 OF 2007 PETITION NO. 8 OF 2007 PETITION NO. 8 OF 2007 Re: Kamal Kumar Saraf & Anr. ..Debtors Ex-parte : Ex-parte : Ex-parte : SICOM Limited ..Petitioning Creditors Mr. P. V. Shah for the Petitioning Creditors. Mr. G. B. Kedia for the Debtors (Insolvent). CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 5TH AUGUST, 2008. DATE : 5TH AUGUST, 2008. DATE : 5TH AUGUST, 2008. P.C. P.C. P.C. . Heard. 2. The Debtors have taken out the Notice of Motion for the following prayers : "a) that the delay, if any, in taking out the "a) that the delay, if any, in taking out the "a) that the delay, if any, in taking out the Notice of Motion be condoned; Notice of Motion be condoned; Notice of Motion be condoned; b) that this Hon’ble Court be pleased to set b) that this Hon’ble Court be pleased to set b) that this Hon’ble Court be pleased to set aside and/or rescind the ex-parte Order of aside and/or rescind the ex-parte Order of aside and/or rescind the ex-parte Order of adjudication dated 26th November 2007 passed adjudication dated 26th November 2007 passed adjudication dated 26th November 2007 passed by this Hon’ble Court in the above by this Hon’ble Court in the above by this Hon’ble Court in the above Insolvency Petition No. 8 of 2007 and allow Insolvency Petition No. 8 of 2007 and allow Insolvency Petition No. 8 of 2007 and allow the Debtors to contest the Petition on the Debtors to contest the Petition on the Debtors to contest the Petition on merits; merits; merits; :2: c) In the alternative to (b) above, this c) In the alternative to (b) above, this c) In the alternative to (b) above, this Hon’ble Court be pleased to annul the Order Hon’ble Court be pleased to annul the Order Hon’ble Court be pleased to annul the Order of adjudication dated 26th November 2007 of adjudication dated 26th November 2007 of adjudication dated 26th November 2007 passed in the above Insolvency petition No. passed in the above Insolvency petition No. passed in the above Insolvency petition No. 8 of 2007; 8 of 2007; 8 of 2007; d) that this Hon’ble Court be pleased to set d) that this Hon’ble Court be pleased to set d) that this Hon’ble Court be pleased to set aside the Insolvency Notice No. N/188 of aside the Insolvency Notice No. N/188 of aside the Insolvency Notice No. N/188 of 2006 dated 8th September 2006 which is not 2006 dated 8th September 2006 which is not 2006 dated 8th September 2006 which is not yet served upon Debtors; yet served upon Debtors; yet served upon Debtors; e) that pending the hearing and final disposal e) that pending the hearing and final disposal e) that pending the hearing and final disposal of the above Notice of Motion, this Hon’ble of the above Notice of Motion, this Hon’ble of the above Notice of Motion, this Hon’ble Court be pleased to stay the effect, Court be pleased to stay the effect, Court be pleased to stay the effect, operation and implementation of the ex-parte operation and implementation of the ex-parte operation and implementation of the ex-parte Order of adjudication dated 26th November Order of adjudication dated 26th November Order of adjudication dated 26th November 2007 including the proceedings before the 2007 including the proceedings before the 2007 including the proceedings before the Official Assignee, High Court, Bombay; Official Assignee, High Court, Bombay; Official Assignee, High Court, Bombay; f) that pending the hearing and final disposal f) that pending the hearing and final disposal f) that pending the hearing and final disposal of the above Notice of Motion, the of the above Notice of Motion, the of the above Notice of Motion, the Insolvency Registrar be directed to cease Insolvency Registrar be directed to cease Insolvency Registrar be directed to cease and desist from publishing the Order of and desist from publishing the Order of and desist from publishing the Order of adjudication dated 26th November 2007 passed adjudication dated 26th November 2007 passed adjudication dated 26th November 2007 passed in the above Insolvency Petition No. 8 of in the above Insolvency Petition No. 8 of in the above Insolvency Petition No. 8 of 2007; 2007; 2007; g) for ad-interim Orders in terms of prayers g) for ad-interim Orders in terms of prayers g) for ad-interim Orders in terms of prayers (e) and (f) above; (e) and (f) above; (e) and (f) above; h) for costs of this Notice of Motion; h) for costs of this Notice of Motion; h) for costs of this Notice of Motion; i) for such other and further reliefs as the i) for such other and further reliefs as the i) for such other and further reliefs as the nature and circumstances of the case may nature and circumstances of the case may nature and circumstances of the case may require." require." require." 2. The learned counsel for the Petitioning Creditors has no objection to the Notice of Motion being made absolute in terms of prayer clauses (a) and (b). The learned counsel for the Debtor however presses for the Notice of Motion being allowed in terms of prayer clause (d), which reads as follows: "d) that this Hon’ble Court be pleased to set "d) that this Hon’ble Court be pleased to set "d) that this Hon’ble Court be pleased to set :3: aside the Insolvency Notice No. N/188 of aside the Insolvency Notice No. N/188 of aside the Insolvency Notice No. N/188 of 2006 dated 8th September 2006 which is not 2006 dated 8th September 2006 which is not 2006 dated 8th September 2006 which is not yet served upon Debtors"; yet served upon Debtors"; yet served upon Debtors"; 3. The Insolvency Notice is not yet served on the Debtors as claimed by them. Therefore, there is no reason why such a Insolvency Notice needs to be set aside. Hence, the said prayer is rejected. 4. Notice of Motion is allowed in terms of prayer clauses (a) and (b). 5. Notice of Motion is disposed of. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)