1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO.146 OF 2006 IN INSOLVENCY NOTICE NO.125 OF 2006 M/s.S. A. Contractors & Co. . ...Petitioning Creditor Versus Shri Yogesh Mehta. ...Debtor ....... Mr. K.R. Parekh & Co. for the Petitioning Creditor. Ms.M. Merchant i/b. H. G. Ganatra for Judgment Debtor. ...... CORAM : DR. D.Y. CHANDRACHUD, J. October 17, 2006. P.C.: This Notice of Motion has been taken out for setting aside the Insolvency Notice. The Insolvency Notice is based on a decree passed by this Court on 23rd November 2005 in a Summary Suit. A Notice of Motion has been taken out on 2nd September 2006 for setting aside the ex-parte decree, but no application has been made until date for any ad-interim relief in the Motion. In the event that the ex-parte decree is set aside, the applicant would have recourse to the remedies in law. At the present stage, no 2 case is made out for setting aside the Insolvency Notice which is based on an ex-parte decree which holds the field. The Notice of Motion is dismissed. .....