: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. 36 OF 2008 NOTICE OF MOTION NO. 36 OF 2008 NOTICE OF MOTION NO. 36 OF 2008 IN IN IN INSOLVENCY PETITION NO. 1 OF 2008 INSOLVENCY PETITION NO. 1 OF 2008 INSOLVENCY PETITION NO. 1 OF 2008 Devang Jitendra Sarvaiya & Ors. ..Debtors Ex-parte: Ex-parte: Ex-parte: Hatim T. Suterwalla ..Petitioner Creditor Mr. Kishore Jain i/b. G. R. Mehta for the Petitioning Creditor. None for the Debtors. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 16TH SEPTEMBER, 2008. DATE : 16TH SEPTEMBER, 2008. DATE : 16TH SEPTEMBER, 2008. P.C. P.C. P.C. . Heard learned counsel for the Petitioning Creditor. None appears for the Debtors. 2. This notice of motion is taken out by the petitioning creditor alleging that the act of insolvency has been completed by the debtors on 4.12.2007. According to the petitioning creditor the debtors are creating confusion as regards their assets and properties with a view to take them out :2: of the reach of the Official Assignee and they are making attempt to deal with and dispose of the property, assets etc. The firm of which they are partners i.e. M/s. Shree Venkatesh Chemi Colour Co. said to be heavily indebted and a separate Insolvency Petition No. 15 of 2008 has been filed against the firm. 3. Having regard to the fact that the debtors are aware of this notice of motion and had appeared in this court in the past, but for some reasons known to them had chosen not to appear today, it would be appropriate in the interest of justice to make the notice of motion absolute. Accordingly, the notice of motion is made absolute in terms of prayer clauses (a) and (b). Notice of Motion is disposed of accordingly. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)