IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VP

H

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION No. 21 OF 2009

IN

INSOLVENCY PETITION No.82 OF 2002

Suraj Prakash Khemchand

...

Petitioner

Vs

Avinash B. Jaising & Anr.

...

Respondents

Mr. K. T. Kukrja, for the petitioner/crditor.

Mr. Niranjan Jagtap for the Insolvents.

Mr. A. P. Kothari, Dy. Official Assignee

CORAM: S. J. VAZIFDAR, J.

DATED: MARCH 17, 2009.

P.C.:

----

.

This Notice of Motion is taken out by

Insolvent No.1, who had been adjudicated an insolvent

by an order dated 6th November 2003, seeking

permission of this Court to accept a Consultancy

Assignment offered by Danddeli Ferro Pvt. Ltd. The

assignment involves Insolvent No.1 traveling to

Australia.

2.

The Insolvent undertakes to this Court to

return to India, latest by 31st May 2009, not to apply

for citizenship or residency in any other country and

to surrender the passport on his return to the

Official Assignee, lastest by 10th June, 2009. The

- 2 -

undertakings are accepted.

3.

Further the insolvent shall upon receipt of

the amounts from the said Company, deposit 15% thereof

with the Official Assignee. Insolvent No.1 shall

submit to the Official Assignee proof of the amount

received from the Company within 4 weeks from the

receipt thereof.

4.

There is nothing on record which creates any

doubt about the intentions of Insolvent No.1, nor is

there anything on record to suggest that the

assignment is bogus.

5.

Subject to the above, the Notice of Motion is

made absolute in terms of prayer clauses (a), (b) and

(c). It is clarified that this order shall operate

only to enable insolvent No. 1 to travel upto 31st

May 2009. By 31st May 2009 he shall return to India.

Leave to apply for prayer (e) by a fresh Notice of

Motion.

.

Notice of Motion is accordingly disposed of.