1 937.nmis-21-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 21 OF 2011 IN INSOLVENCY PETITION NO. 144 OF 2004. Re : Varsha Kirti Bhatia & Anr. ..Insolvents. Ex-parte :- P.M. Dwarkadas. ..Petitioning Creditor. .... Mr. G.R. Mehta, with Tripty Kapadia, with Murlidharan with Premlata Yadav, i/b. M/s. Joy Legal Consultant, for Insolvent. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST JUNE 2011. P.C. : By this Notice of Motion, the Insolvents have prayed that the order of adjudication dated 15th February 2005 passed by this Court in Insolvency Petition No. 144 of 2004 be annulled under section 21(1) of the Presidency Towns Insolvency Act, 1909 on the ground of full payment. The well-wisher of the Insolvent has deposited the commission of the Official Assignee under protest and has submitted that the issue whether the Official Assignee is entitled to the said commission be independently decided by this Court. 2. The Official Assignee informs the Court that it is true that the Insolvents have satisfied the debts of all the creditors and he has no objection if the Notice of Motion is allowed in terms of prayer clauses (a) and (b). In view thereof, the following order is passed :- (i) The order of adjudication dated 15th February 2005 stands annulled on the ground of full payment. 2 937.nmis-21-11 (ii) The Applicant/well-wisher shall be at liberty to file a fresh Notice of Motion seeking refund of the commission or part thereof on the ground that the Official Assignee is not entitled to retain the same. Needless to add that the Notice of Motion if filed shall be decided on its own merits. (iii) The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]