1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY rpa INSOLVENCY PETITION NO. 3 OF 2010 ALONGWITH NOTICE OF MOTION NO. 3 OF 2010 Master Financial Services Ltd. .. Petitioning Creditors V/s. Mahesh Parekh .. Debtor .... Mr. Kishore P. Jain i/b. Mr. P. V. Shah for the Petitioning Creditor. Mr. Ajay K. Rao for Debtor. .... CORAM : S.J. KATHAWALLA, J. DATE : FEBRUARY 2, 2010. P.C. This Petition is filed by the Petitioning Creditor inter- alia for an order of adjudication. The Petitioning Creditor alleged that the debtor has committed an act of insolvency on 15th December, 2009 when his Notice of Motion No. 61 of 2009 to set aside Insolvency Notice No. N/38 of 2009 was dismissed, as also set out in the Petition. 2. The learned Advocates appearing for the parties now 2 informs this Court that in an Appeal filed by the debtor the said order dated 15th December, 2009, dismissing the Notice of Motion dated 2nd February, 2010 is set aside. In view thereof, it is confirmed that the debtors have not committed any act of insolvency. The Advocate for the Petitioning Creditor therefore seeks to withdraw the petition. The Petition is, therefore, disposed of as withdrawn. 2. Notice of Motion No. 3 of 2010 also stands disposed of as infructuous. [ S.J.KATHAWALLA, J. ]