48 Inpt-7-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS INSOLVENCY JURISDICTION INSOLVENCY PETITION NO. 7 OF 2017 ALONGWITH NOTICE OF MOTION NO. 29 OF 2018 Dalchand H. Gupta And Ors. ...Petitioning Creditors Vs. Arun Kumar Agarwal And Ors. ...Judgment debtors/Insolvent ***** Ms. R. V. Rane – Insolvency Registrar – Present Adv. Kushan Kode i/by Adv. B. Shroff – Advocate for Debtor ***** CORAM : S. M. MODAK, J. DATE : 23rd SEPTEMBER 2026 P. C. :- NOTICE OF MOTION NO. 29 OF 2018 1. Heard learned advocate for the judgment debtor. He seeks some accommodation. Unfortunately, I am not with him in granting adjournment. It is for the reason on 10.07.2026, this Court has already observed that the appropriate orders on the basis of the available record will be passed. 2. He submitted that the Notice of Motion pressed for calling the Seema 1/2 SEEMA KSHITIJ YELKAR Digitally signed by SEEMA KSHITIJ YELKAR Date: 2026.09.28 15:31:11 +0530 48 Inpt-7-2017.doc record from the Income Tax office about the statement made by Ajay D. Gupta-Defendant No. 4 under Section 131 of the Income Tax Act, 1961. 3. The submission is the concerned decree in Summary Suit was passed on the basis of the consent terms and this consent terms are not acceptable. However, on inquiry it is also submitted that the appeal filed by him was withdrawn. 4. In view of that there is no merit in calling further record. Hence, Notice of Motion is disposed of. 5. My attention is invited to the order dated 16.06.2025 passed by this Court. The judgment debtor was permitted to forward the photocopy of the statement made during investigation before the income tax authority to the petitioning creditor and petitioning creditor was permitted to file reply. It is submission that it is forwarded but there is no response. Such right is kept open. 6. Matter be listed for adjudication on 16th October 2026. [S. M. MODAK, J.] Seema 2/2