- 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 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION PETITION PETITION NO.81 OF 2005 NO.81 OF 2005 NO.81 OF 2005 Re.Smt.Chandra Vishnu Choudhari & Anr. ... Judgment Debtors Ex-parte :- Samradh Co-operative Credit Society Ltd..Petitioning Creditor CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 18,2007 : SEPTEMBER 18,2007 : SEPTEMBER 18,2007 P.C.: P.C.: P.C.: 1. As none appeared for the petitioning creditor, petition was kept back. On the second occasion when the petition is called out, none appears for the parties. 2. The petition is based on an insolvency notice taken out on the basis of an Award made by the Co-operative court under section 91 of the Maharashtra Co-operative Societies Act,1960. An insolvency notice under sub section 2 of section 9 of the Presidency Towns Insolvency Act,1909 could not have been issued on the basis of the Award made under section 91 of the said Act of 1960. In view of the decision of this court dated 4th September 2007 in the Notice of Motion No.40 of 2007 (Re.Kishore K. Mehta) and other connected matters, insolvency notice under sub section 2 of section 9 of the said Act of 1909 was not maintainable as the insolvency notice could not have been taken out on the basis of the Award of the Co-operative court. Hence, Petition is liable to be dismissed and same is accordingly dismissed. - 2 - JUDGE JUDGE JUDGE