1 nmis41-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION NO.41 OF 2010 IN INSOLVENCY PETITION NO.24 OF 1952 WITH OFFICIAL ASSIGNEE’S REPORT DT.16.8.2010 Re. : Jugalkishore D. Seksaria (deceased) ....Erstwhile Insolvent Ex-parte : Jaswantilal M. Shah ....Petitioning Creditor And Brijkishore J. Seksaria ....Applicant Mr.M.L. Shah for the Petitioning Creditor. Mr.K.J. Somane for the Applicant. Mr.Y.C. Parikh, Official Assignee present. CORAM : S.J. VAZIFDAR, J. DATE : 7TH SEPTEMBER, 2010. P.C. :- 1. The son of the insolvent had deposited the amount on behalf of the estate of the erstwhile insolvent. He now seeks by the notice of motion to withdraw the amount lying to the credit of the estate of the insolvent. 2. The Official Assignee has filed the above report, in which it is stated that the order of adjudication has been annulled. It is further stated 2 nmis41-10 in the report that after considering all the claims which have been lodged by the creditor, an amount of Rs.9,40,859=43 ps. is in excess lying to the credit of the estate of the erstwhile insolvent. The learned counsel appearing on behalf of some of the creditors desires to ascertain whether the Official Assignee has taken into account the claims lodged by his clients/creditors. 3. In the circumstances, the notice of motion and the Official Assignee’s Report are disposed of by the following order :- i). The notice of motion is made absolute in terms of prayer (a). However, the amounts shall be disbursed only after providing for all the claims lodged by the creditors. The learned counsel appearing on behalf of some of the creditors is at liberty to ascertain whether the claims lodged on behalf of his clients have been taken into consideration. No order as to costs.