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Bombay High CourtNMIS/31/2015disposed off

Rohit Sanghvi, Applicant. v. Pankaj Champaklal Gandhi (Own Petition)

2015-06-16Hon'Ble Shri Justice S.C. Gupte2 pages

11.nmis.54.2009.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN INSOLVENCY NOTICE OF MOTION NO.31 OF 2015 IN NOTICE OF MOTION NO. 57 OF 2009 IN INSOLVENCY PETITION NO.10 OF 2008 WITH NOTICE OF MOTION NO.54 OF 2009 IN INSOLVENCY PETITION NO. 10 OF 2008 Rohit M. Sanghvi & Ors.

...Applicants/Petitioner vs Pankaj C. Gandhi & Ors.

...Respondents

.....

Mr Devang Gandhi, the applicant in person.

Mr Shardul Singh i/b A.A.Kumbhakoni - Amicus-curie Mr Shyam Mehta Sr. Advocate for the Insolvent. Ms Jyoti P. Gandhi wife of Insolvent present. M.D.Narvekar O.A. Present.

.....

CORAM : S.C. GUPTE, J.

JUNE 16, 2015 P.C. :

This Motion is taken out by the Applicant, who claims to be the successor in interest of the original Applicant in Notice of Motion No.57 of 2009. The original Applicant's motion was for annulment of adjudication as insolvent. During the pendency of the Motion, the original Applicant expired. The present Applicant claims to be joined as a party to the Motion in place of the deceased as his heir / legal representative. Learned Counsel has no objection for the joinder to be allowed. There is no opposition to the application for joinder otherwise. The Notice of Motion, accordingly, is allowed in terms of prayer clause (a). The amendment shall be carried out within a period of two weeks from today. The applicant shall serve a copy of the Motion, namely, Notice of Motion No.57 of Pg 1 of 2

11.nmis.54.2009.doc 2009, as amended on the insolvent as well as the intervener appearing before the Court today, who claims to be the wife of the insolvent. Place the Notice of Motion No.57 of 2009 for hearing on 7 July 2015 along with companion Chamber Summonses.

( S.C.GUPTE J. ) Pg 2 of 2