1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO. 7 of 2009 WITH NOTICE OF MOTION NO. 40 of 2008 IN INSOLVENCY PETITION NO. 29 of 2005 Re: Binod Kumar Khandelwal ..Debtor Ex-parte:- Bank of India ...Petitioning Creditor v/s. Industrial Financial Corporation of India Ltd. ...Applicants Mr. O.A.Das for the petitioning creditor. Mr. Manish Ora i/b. JPS Legal, for insolvent. CORAM:- A.M.KHANWILKAR, J DATED:- July 07, 2009. P.C. This Motion is opposed by the Insolvent on the ground that the Deed of Assignment pressed into service does not cover the claim amount of the Insolvent. This argument has been countered by the applicant by relying on the 2 annexures to the Deed of Assignment. The annexure produced at page-23 alongwith the rejoinder affidavit refers to the name of the company of which insolvent was the Director and against whom money decree has been passed. 2. In the circumstances, there is no substance in this objection. Counsel for the Insolvent, however, raised other issues about the eligibility of the applicant to claim amount against the Insolvent. Those are matters which can be addressed in the Motion taken out by the Insolvent for annulment of the order of adjudication. All questions in that behalf are left open. This motion is made absolute in terms of prayer clause (a). Amendment be carried out within one week from today. 3. In so far as Motion No. 40/2008 is concerned, hearing thereof is deferred to enable IFCI to amend the record and also because the decision of Apex Court on the subject issue is awaited which matter is slated to be heard on 15th July, 2009 before the Apex Court. Accordingly, the later motion is deferred till 4th August, 2009. 4. It is made clear that amendment is permitted without prejudice to the rights and contentions available to the insolvent in the pending motion taken out by the insolvent. 5. Interim arrangement to continue till the next date of hearing. (A.M.KHANWILKAR, J)