1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.56 of 2009 in Notice No.171 of 2009 Daulatram Pahlajani ..Petitioning creditors vs. Parimal Kothari & anr. ..Insolvents Mr.Anil P.Bagwe for insolvents Mr.Y.C.Parikh, Official Assignee present. CORAM: S.J.KATHAWALLA J. 15th September 2009 P.C. 1 This Notice of Motion is taken out by the insolvents seeking annulment of the order of adjudication passed against the insolvents dated 15th March, 2005 and consequent dispensation of public examination of the insolvents. An affidavit in support of the Notice of Motion has been filed by the insolvents in which it is stated that their well wishers have paid off the petitioning 2 creditors in full and final satisfaction and in fact all the creditors of the insolvents have also been paid in full and final satisfaction. It is, therefore, prayed that the Notice of Motion be allowed in terms of prayer clauses (a) and (b). 3 On the earlier occasions, it was pointed out by the Official Assignee to this Court that there appears to be a claim pending from one of the creditors who is represented by Ms.Rekha C.Shukla, Advocate. The motion was, therefore, adjourned to enable the Official Assignee to give notice to Ms.Shukla, Advocate to appear on 15th September, 2009 i.e. today in support of her client s claim if any. Though a notice is served on, Ms.Shukla, Advocate, she is not present nor is any person/party present, alleging that they are the creditors of the insolvents. In view thereof the Notice of Motion is made absolute in terms of prayer 3 clauses (a) and (b) (S.J.KATHAWALLA J.)