IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.19 OF 2008 IN INSOLVENCY NO.98 OF 2003 M/s.Marine Container Service (India) Pvt.Ltd. & Ors. ...Petg.Creditors V/s. Sunayana Rajesh Vora ...Insolvent ...... Mr.K.P.Jain i/b Rawal Shah & Co. for Applicant/Insolvent. Mr.Cyrus Ardeshir i/b M/s.Bilawala & Co. for Petitioning Creditors. Mr.Y.C.Parikh, Official Assignee is present. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 24, 2008. MARCH 24, 2008. MARCH 24, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. Leave to amend prayer clause (a) as prayed for granted. Amendment to be carried out forthwith. 3. The Official Assignee was called upon to : 2 : evoke response from the Passport Authority as to whether it is possible to make endorsement in the Passport about the pending proceedings against the Applicant. In response to that query, the Assistant Passport Officer has informed that such arrangement is possible if the pending proceedings is a criminal case. 4. I have my own doubt whether the opinion recorded by the Assistant Passport Officer is accurate. There is no prohibition in the Act which would preclude the Court from issuing direction to the Authority to incorporate such endorsement in the Passport, if facts of the case whether criminal or civil as the case may be so require. 5. Be that as it may, without entering into this larger issue for the time being, the request made on behalf of Applicant in terms of prayer clause (a) of the Motion is accepted on condition that the Applicant shall abide by the assurance given by the Applicant in the undertaking dated 24th March 2008. The Applicant further undertakes through Counsel that requisite intimation will be : 3 : sent to U.S.A. Embassy within two weeks from today. That assurance is accepted. 6. Motion disposed of on the above terms. 7. All concerned to act on an ordinary copy of this order, duly authenticated by the Office. A.M.KHANWILKAR, J.