1 nmis57-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO.57 OF 2010 IN INSOLVENCY PETITION NO.21 OF 2001 Amar Plastics & Ors. ....Insolvents V/s. Hardasmal P. Kakwani ....Petitioning Creditor And Jagdish P. Tanwani (HUF) & Anr. ....Substituted Petn.Creds. Mr.Tushar Garodia for the Petitioning Creditor. Mr.Prakash Panjabi for Bank of India – Secured Creditor. Mr.Kukreja i/b Kukreja & Co; for the Insolvents. Mr.A.P. Kothari, Deputy Official Assignee present. CORAM : S.J. VAZIFDAR, J. DATE : 20TH JULY, 2010. P.C. :- 1. This is an application for annulment of the order of adjudication dated 17.7.2001 for dispensing with the public examination of the insolvents and for an order directing the Official Assignee to return the original documents and the amounts lying deposited with him after deducting all the costs, charges and expenses. 2. The Applicants had disclosed seventy seven creditors. The Official Assignee states that only six claims were received. These six creditors have been paid in full. The Applicants further state that the remaining seventy seven creditors except one have also been paid. It is further stated that all the creditors except one have received the letters 2 nmis57-10 stating that their claims have been satisfied. The original receipts have been filed with the Official Assignee. The Notice of Motion has been addressed to all the creditors. The creditor at serial No.14 viz. K. Gopaldas & Sons (India) has not filed a claim. According to the Applicants, this creditor has in fact refused to accept the amount as a gesture of goodwill. He has been given the notice of this application but has not appeared. The Official Assignee has also addressed a letter to this creditor, but there has been no response so far. 3. The Official Assignee states that his costs, charges and expenses are in the sum of Rs.3,06,000/-. According to the Applicants, the amounts due by them to the said creditor K. Gopaldas & Sons (India) is Rs. 1,25,000/-.This amount has been deposited by the Applicants separately. In addition thereto, there is an amount of Rs.3,96,000/- in fixed deposit with this Court standing to the credit of the Applicants. 4. In the circumstances, the Notice of Motion is disposed of by the following order :- i). The Notice of Motion is made absolute in terms of prayers (a) to (d). However, an amount of Rs.1,25,000/- shall be returned only after 30.9.2010. Prior thereto, the Official Assignee shall once again address a letter to K. Gopaldas & Sons (India) calling upon them to withdraw the said sum of Rs.1,25,000/- with accretions thereto, if any. In the event of K. Gopaldas & Sons (India) not responding, the Official Assignee shall refund that amount as well to the Applicants after 1.10.2010. 5. The office to proceed accordingly including advertising the order of annulment.