1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 24 OF 2010 IN INSOLVENCY NOTICE NO. 57 OF 2009 Haresh Thawardas Raheja .. Judgment Debtor and others Lal D. Motwani .. Judgment Creditor (Karta Lal D. Motwani HUF) Mr. L.D. Motwani C.A. of Judgment Creditor present in person Ms. Rubia Taneja for Judgment Debtor No.2 CORAM : S. J. KATHAWALLA, J. DATE : 23rd March, 2010 P.C.: 1. By this Notice of Motion Debtor No.2 seeks setting aside of the Insolvency Notice N/57 of 2009 dated 24th November, 2009 which was served on him on 9th December, 2009. 2. The Insolvency Notice was served on Defendant No.2 pursuant to the Judgment and decree of the City Civil Court at Bombay dated 24 th February, 2005, inter alia passed against the Debtor No.2 and in favour of the Judgment Creditor. According to the Debtor No.2, his Advocate had applied for a certified copy of the Judgment and decree but neither the Judgment nor the decree was made available to him. According to Debtor No.2, he 2 is not liable to pay any amount to the petitioning creditor and that he will soon be filing an appeal impugning the Judgment and decree dated 24 th February, 2005. 3. The Judgment and decree dated 24 th February, 2005 is admittedly inter alia against Debtor No.2. No steps are taken till date by Debtor No.2 impugning the said Judgment and decree dated 24 th February, 2005. It is not the case of Debtor No.2 that he was not aware of the Judgment and decree dated 24 th February, 2005. No document is produced in support of the contention that the Advocate for Debtor No.2 had applied for a certified copy of the Judgment and decree dated 24 th February, 2005. Even assuming that such an application was made, Debtor No.2 has not mentioned whether there was any follow up on the same. Though the above Notice of Motion was taken out on 12 th January, 2010, the same was not served on the Judgment Creditor upto 2 nd March, 2010. Debtor No.2 who is present in Court has also refused to deposit an amount of Rs.14850/- in Court to establish his bonafides. 4. Under the circumstances, no case is made out by Debtor No.2 for setting aside the Insolvency Notice against him. The Notice of Motion taken out by Debtor No.2 is, therefore, dismissed. (S. J. KATHAWALLA, J.)