IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS INSOLVENCY JURISDICTION NOTICE OF MOTION NO.183 OF 2006 IN PETITION NO.1 OF 2003 RE: M/s.Punjabi Ghasitaram ...Debtors Halwai Karachiwala EX-PARTE : Maheshkumar H.Kakwani ...Substituted Petg. Creditor And M/s.Shivkumar Vijaykumar ...Supporting Creditors Mawawalla V/s. M/s.Punjabi Ghasitaram Halwai Pvt.Ltd. ...Respondents ...... Mr.Tushar Garodia i/b Lilani Shah & Co.for Debtors 3 and 5/Applicant. Mr.Ramesh Jain for Substituted Petitioning Creditor. Mr.R.D.Dave i/b Mr.N.N.Vaishnava for Supporting Creditors. Ms.K.S.Lalwani for Supporting Creditor. Mr.Y.C.Parikh, Official Assignee is present. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. NOVEMBER 20, 2007. NOVEMBER 20, 2007. NOVEMBER 20, 2007. P.C. P.C. P.C. : 2 : 1. This Motion is to set-aside order dated 17th October 2006 passed in Notice of Motion No.138 of 2006. According to Debtors 3 and 5/Applicants, copy of the Motion No.138 of 2006 was never served on them. Indeed, the supporting creditor had relied on noting made by the courier service that notice attempted to be delivered was refused by the addressee. In my opinion, there is substance in the stand taken on behalf of the debtors that such noting will have to be ignored for the simple reason that such noting has been made also on the envelope addressed to the debtor No.2, who had already died in January 2006. Whereas, the order has been passed on 17th October 2006. 2. In my opinion, in the interest of justice, it is appropriate that the order dated 17th October 2006 is set-aside and instead, the Notice of Motion No.138 of 2006 is restored to the file to be proceeded with on merits in accordance with law. No prejudice will be caused to any party as it is agreed that the order dated 17th October 2006 has still not been acted upon. : 3 : 3. Accordingly, this Motion is made absolute in terms of prayer clause (a). 4. Notice of Motion No.138 of 2006 be placed for hearing on 4th December 2006. Counsel appearing for debtors 3 and 5 waive notice. 5. It is made clear that setting aside order dated 17th October 2006 will not permit the debtors to create third party right, interest in the concerned properties and they shall maintain status-quo as of today till the Motion No.138 of 2006 is finally decided. Reply in Notice of Motion No.138 of 2006 be filed on or before 26th November 2007. Rejoinder, if any, be filed on or before 30th November 2007. Pleadings to be filed in the Registry well in advance. A.M.KHANWILKAR, J.