1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.34 of 2009 in Petition No.38 of 2005 1. Ramesh Darshibhai Shah and another ..Debtors vs. The Bharat Cooperative Bank (Mumbai) ..Creditors Mr.A.K.Moily for petitioning creditors Mr.Vishal Kanade with Mr.Manish Dosh and Mr.Pranesh I.Shah i/b M/s Vimadalal and Co. for debtor no.1 Mr.Y.C.Parikh, Official Assignee present. CORAM: S.J.KATHAWALLA J. 21st July, 2009 P.C. 1 This Notice of Motion is taken out by insolvent no.1 seeking permission to leave the jurisdiction of this Court for a period of one month for the purpose of visiting his daughter in London, (U.K.) with advance intimation to the official assignee of his leaving and returning back. Further directions are sought against the official 2 assignee to return to the insolvent no.1 his old passport to enable him to apply and obtain a new passport on undertaking to hand over both the passports to the official assignee on his return from U.K. 2 After hearing the parties as well as the official assignee I pass the following order. Insolvent no.1 is allowed to leave the jurisdiction of this Court for a period of one month to visit his daughter in London, (U.K.) on the following conditions. a) The wife of insolvent no.1 shall deposit the original share certificate (title deeds) of her ownership flat being flat no.B-112, Laxmi Narayan Apartments, 39, Tagore Road, Santacruz (West), Mumbai 400 054 with the official assignee within a period of one week from today. She shall also execute/ file her affidavit in the above petition stating that she is the owner of the said 3 flat and that the said flat is not encumbered in any manner whatsoever and further that she stands as surety as regards return of insolvent no.1 to India within a period of one month from the date of his leaving the country. She shall also undertake that until the return of insolvent no.1 to India the said flat remains as security, in/towards the present insolvency proceedings. b) Upon such undertaking being given (by way of affidavit by the wife of Insolvent no.1) along with the original share certificate the Official Assignee shall hand over the old passport to insolvent no.1 to enable him to apply for and obtain his new passport. However, before handing over the said passport, insolvent no.1 shall file his undertaking by way of an affidavit that he shall return back to India within a period of one month from the date of his leaving India and shall hand over both his passports i.e. 4 old as well as the new to the Official Assignee on his return from U.K. In his said affidavit the insolvent no.1 shall also set out the complete particulars with regard to the residence, office address etc. of his daughter at London. c) Before leaving India insolvent no.1 shall in writing inform the Official Assignee his date of leaving India and his date of returning back to India. Insolvent No.1 shall also hand over the photostat copies of his air tickets showing the dates of his departure/return. 3 Notice of motion accordingly stands disposed of with no order as to costs. 4 It is clarified that the Official Assignee, upon insolvent no.1 returning to India and upon his handing over his old as well as new passports to the Official Assignee, the Official Assignee shall forthwith hand over to the wife of Insolvent 5 No.1 the original share certificates deposited by the wife of insolvent no.1 along with the original undertaking executed by her. (S.J.KATHAWALLA J.)