: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. 34 OF 2008 NOTICE OF MOTION NO. 34 OF 2008 NOTICE OF MOTION NO. 34 OF 2008 IN IN IN PETITION NO. 115 OF 2005 PETITION NO. 115 OF 2005 PETITION NO. 115 OF 2005 Re: Anil M. Parmar & Ors. ..Debtors Ex-parte :- Ex-parte :- Ex-parte :- Jetu Jacques Taru .. Petitioning Lalvani Creditor Mr. P. V. Shah for the Petitioning Creditor. Ms. S. P. Trivedi i/b. A. Bharat & Co. for the Debtors. 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 Notice of Motion is taken out by the Debtors for annulment of the order of adjudication passed on 3.10.2006. Mr. Shah, the learned counsel for the Petitioning Creditor states that he has no instructions in the matter. There is no reply filed by the Petitioning Creditor to the Notice of Motion. :2: 3. In paragraph 4 of the Affidavit in Support of the Notice of Motion, Ganesh Yeshwant Waghare, the Debtor No.2 has stated that his well-wishers had paid an amount of Rs.5,51,000/- as full and final settlement of the claim of the Petitioning Creditor and that the Petitioning Creditor has issued a letter dated 29.3.2007 that his well wishers have paid him the said amount. The Petitioning Creditor is said to have issued stamped receipt for the total amount of Rs.5,51,000/- and that the receipts have been lodged with the learned Official Assignee. Official Assignee does not dispute that these receipts have been lodged. In paragraph 5 the Debtor has stated that he has paid the commission to the learned Official Assignee. 4. In view of the uncontroverted averments made in the Affidavit in Support, the Notice of Motion is allowed in terms of prayer clauses (a) and (b). Order accordingly. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)