1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.10 OF 2009 IN INSOLVENCY PETITION NO.74 OF 2002 . Najmuddin Esufali Indorewala. ..Insolvent. Ex-parte : ICDS Ltd. ..Petitioning Creditors. And Mr. Mufaddal N. Indorewala & Ors ..Respondents. And The Official Assignee. ..Addl. Respondent. .... Mr. G.R. Mehta, for Petitioning Creditor. Mr. N. Pandit, with V.C. Murlidharan, for Respondent Nos. 1 & 6. Mr. P.B. Anand, for Respondent No.7. Mr. Y.C. Parikh, O.A., present. .... CORAM : S.J.KATHAWALLA, J. DATE : 18 TH AUGUST 2009. P.C. Mr.Mehta, appearing for the petitioning creditor states that he is not pressing the motion taken out by the petitioning creditor being no.10 of 2009. Notice of motion therefore stands disposed of. 2. However, Mr. Mufaddal N. Indorewala, son of the 2 insolvent, who is present before this Court, informs the Court that his father (the insolvent) is in Dubai and is taking physio-therapy treatment since the last 5 months. He is not aware when his father is likely to return. He has also informed the Court that he has a company named “Crossland Transport Private Limited” doing transport business at Masjid Bunder of which currently he and his sister are 100% shareholders and that his father had 51% share holding in the business about a year back, after which the said shareholding (51%) is transferred in his name. After his statements are recorded as aforesaid, he now states that he is not aware of the share holding of the said company. 3. From the aforesaid facts, it is clear that the insolvent is trying to avoid appearing before the Official Assignee. Despite the adjudication order against the insolvent as far back on 7 th June 2003, the insolvent has left the country for Dubai without obtaining permission of the Official Assignee and or this Court. In any event, before passing any further orders against the insolvent, his son Mr. 3 Mufaddal Indorewala who is present before this Court is directed to appear before the Official Assignee on Friday, 21 August 2009 at 3.00 p.m. and answer all the queries put to him by the Official Assignee. He is also directed to produce all the relevant papers pertaining to the share holding of the said business including the Memorandum and Articles of Association of the said company before the Official Assignee on 21 st August 2009 at 3.00 p.m.. 4. Insolvency petition no.74 of 2002 to appear on 1 st September 2009, for further orders. [ S.J.KATHAWALLA, J. ]