:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY IN INSOLVENCY IN INSOLVENCY NOTICE OF MOTION NO. 21 OF 2008 NOTICE OF MOTION NO. 21 OF 2008 NOTICE OF MOTION NO. 21 OF 2008 IN IN IN PETITION NO. 80 OF 2007 PETITION NO. 80 OF 2007 PETITION NO. 80 OF 2007 Re: (1) Om Prakash Nihlani alias Nihalani (2) Jairam J. Nihlani alias Nihalani ..Debtors Ex-parte :- Ex-parte :- Ex-parte :- Shiromani Manohar Singh ..Petitioning Thakur Creditor Mr. P. V. Shah for the Petitioning Creditor. Mr. P. V. Nichani for the Debtors. Mr. A. P. Kothari, Dy. Official Assignee present. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 2ND SEPTEMBER, 2008. DATE : 2ND SEPTEMBER, 2008. DATE : 2ND SEPTEMBER, 2008. P.C. P.C. P.C. . Heard. 2. This is an application for setting aside the order of adjudication passed by this Court on 4.3.2008. Apparently the matter was at Sr. No. 102 and the Board had been discharged upto 3 p.m. :2: Debtor No.1 was present in court. However, when the electronic board displayed Sr. No. 80, the Debtor No. 1 called his Advocate. But by the time the Advocate reached, the matter was disposed of in terms of prayer clauses (a) and (b) as prayed by the Petitioning Creditor. 3. The application has been opposed by the learned counsel for the Petitioning Creditor, mainly on the merits of the matter. The Petitioning Creditor has pointed out the indebtedness of the Debtors. However from the nature of the averments made by the Debtors, the Petitioning Creditor has not effectively denied the allegations of the Debtors for the reasons why their Advocate could not reach when the matter was argued. 4. Having regard to these circumstances, the exparte order of adjudication dated 4.3.2008 is hereby set aside. The Notice of Motion is allowed. 5. The petition is fixed for hearing on 16.9.2008. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)