IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

Appeal Loding No.l7 of 2005

in

Insolvency Petition no. 23 of 2002

in

Award No. 6l of l999

Mrs Lily A Ghosh .. appellant

vs

Smt Surajben N Shah and ors.. respondents

Mr.Uday Bobde i/b D P Guehiya for appellant

Snehal Shah for respondent no.l

Ms Pradhan lst Master Official Assignee

CORAM: A.P.SHAH & S.J.VAZIFDAR JJ.

CORAM: A.P.SHAH & S.J.VAZIFDAR JJ.

CORAM: A.P.SHAH & S.J.VAZIFDAR JJ.

Dated 14.3.2005

Dated 14.3.2005

Dated 14.3.2005

P.C:

. Heard Mr.Bobde, learned counsel appearing for

the appellant and Mr. Shah for respondent no.l.

Perused the records including the order of the

learned single Judge. There is no dispute that the

arbitration award was made in the sum of

Rs.34,5l,570.50 with interest againt the appellant.

There is also no dispute that the petition

challenging the validity of the award was dismissed

by the learned single Judge and the appeal

preferred by the appellant has been dismissed by

the Division Bench. An insolvency notice has been

served on the appellant on the basis of arbitartion

award. The notice of motion taken out for setting

aside the insolvency notice has also been dismissed

by this court. In these circumstacnes there is

hardly any defence available to the appellant and

the contention that the appellant isholding certain

shares, which have been already attached and if

those shares are sold by this court the amount

could be recovered, cannot be enteratined by this

belated stage. It appears that part of the shares

are held by the husband of the appellant and is not

prepared to transfer his share holding. Under the

circumstances the learned single Judge has rightly

made the petition absolute in terms of prayer

clauses (a) and (b). In the circumstnaces no

interference isc alled for with the impugne dorder

of the learned single Judge .Appeal is dismissded.