- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY NOTICE NOTICE NOTICE OF MOTION NO.44 OF 2007 OF MOTION NO.44 OF 2007 OF MOTION NO.44 OF 2007 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION PETITION PETITION NO.136 OF 2004 NO.136 OF 2004 NO.136 OF 2004 Re.Nirav & Co. & Anr. ...Insolvents Ex-parte :- Viren S. Mehta ...Petitioning Creditor Mr.Kishore Jain i/b Mr.Tushar Goradia for insolvents Mr.Y.C.Parikh, Official Assignee present. CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 7,2007 : AUGUST 7,2007 : AUGUST 7,2007 P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the insolvent and the Official Assignee. The Notice of Motion has been taken out by the insolvent for annulment of the order of adjudication dated 1st February 2005 and for other consequential reliefs by invoking the provision of section 21(1) of the Presidency Towns Insolvency Act,1909. 2. I have perused the affidavit in support. The learned Counsel for the insolvent states that all creditors have been duly paid and even the commission of the Official Assignee has already been paid. The Official Assignee confirms the correctness of the aforesaid statements and states that he has no objection if order of annulment is passed. 3. In view of the aforesaid factual aspects, notice of motion deserves to be allowed and is accordingly made absolute in terms of prayer clauses (a) and (b). Certified copy is expedited. JUDGE JUDGE JUDGE