Devang R. Sanghvi/ Applicant vs Pankaj Champaklal Gandhi (Own ...
2023 Latest Caselaw 1650 Bom

                      Tauseef                          1/2               47-NMIS.6.2022.odt


TAUSEEF                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LAIQUEE
FAROOQUI                          ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
TAUSEEF LAIQUEE
                                               IN INSOLVENCY
FAROOQUI
Date: 2023.02.20
14:11:44 +0530
                                   NOTICE OF MOTION (NMIS) NO.6 OF 2022
                                                       IN
                                 INSOLVENCY PETITION (INPT) NO.10 OF 2008


                      Devang R. Sanghvi                        ..   Applicant
                      In the matter between :-
                      Pankaj Champaklal Gandhi                 ..   Insolvent/
                                                                    Judgment Debtor
                                         And
                      The Offcial Assignee of Bombaa           ..   Respondent
                                                   ...

                      Ms. Divaa Yajurvedi a/w Mr. Sudheshkumar Naidu i/ba M/s.
                      Raval Shah & Co. for Applicant.
                      Mr. Pankaj Gandhi, Insolvent present in-person.
                      Mrs. Kanchan Rane, O.A. present.
                      Mr. D. R. Talekar, I/C., I.R. present.
                                                       ...

                                         CORAM       : BHARATI DANGRE, J.

                                         DATED       : 17th FEBRUARY, 2023

                      P.C:-

1. The insolvenca proceedings have been fled ba one

Pankaj Gandhi, to adjudicate him as insolvent. In the said

proceedings, various orders are passed from time to time and

this include an order dated 24th October 2013, when the Court

had recorded that till next date of hearing, both the parties Tauseef 2/2 47-NMIS.6.2022.odt

shall take adjournments in all pending civil and criminal

matters against each other. This order was continued on 25 th

November 2013, until further orders. Pertinent to note that

this order was never vacated nor modifed.

2. Ba the notice of motion, the order is praaed to be

continued and the declaration is sought that it shall remain in

force and shall be valid and binding on all the parties wherein

legal proceedings inter-se between them are pending. I do not

thought that such relief can be granted, as the Courts dealing

with the proceedings shall construe the order of the High

Court as it reads on the date of its passing and unless and until

it stand automaticalla vacated or stand modifed. Needless to

state that the order shall continue to remain in operation.

3. In the light of the above, Notice of Motion No.6 of

2022 stands disposed of.

( SMT. BHARATI DANGRE, J.)