1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION IN INSOLVENCY NOTICE OF MOTION NO.138 OF 2007 IN NOTICE NO. 249 OF 2006 Ex-Parte: Smt.Sushila H. Jhunjhunwala. ..Judg.Creditor. V/s. Tolaram Chudiwala ..Judg. Debtor. Mr.S.R.Ingule i/b. M/s. C.R.Naidu & Co. for Judg.Creditor. Mr.Tushar Garodia for Judg. Debtor. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 21, 2008. : OCTOBER 21, 2008. : OCTOBER 21, 2008. P.C. P.C. P.C. : : : 1. Counsel for the parties point out that decree on the basis of which insolvency notice was issued has already been set aside. In the circumstances, proceedings cannot continue on the basis of said decree. Accordingly, at the request of the Petitioning Creditor, proceedings are allowed to be withdrawn and earlier orders stand recalled. 2. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)