1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN INSOLVENCY NOTICE OF MOTION (L.) NO. 8 OF 2010 IN INSOLVENCY PETITION NO. 10 OF 2008 Pankaj C. Gandhi .. Petitioner V/s. Mr. Rohit M. Sanghvi & Anr. .. Respondents .... Mr. Pankaj Gandhi, Insolvent-in-person. Mr. Rohit Sanghvi, Applicant-in-person. Mr. Kumbhakoni, Amicus Curiae. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 19, 2010. P.C. The present Notice of Motion is taken out by the Applicant insolvent. The insolvent has submitted that Mr. Devang R. Sanghvi Respondent No. 2 who is an Advocate of this Court, and son of Mr. Rohit M. Sanghvi, Respondent No. 1 be restrained by an order of this Court from aiding or assisting his father the 2 Respondent No. 1, in any manner, during the proceedings between him and Respondent No. 1. It is further submitted that since Mr. Devang Sanghvi has a pecuniary interest in the matter, he be barred from remaining present before the Court during the hearing of the proceedings. The Petitioner/Applicant has further prayed that Suo Motu Contempt be issued against Respondent No. 2 for willful interference in the insolvency proceedings on 11th November, 2008. Further directions are sought against the Bar Council of Maharashtra and Goa to take appropriate action against Respondent No. 2 for having willfully committed gross professional misconduct despite Court orders. 2. The Respondent No. 2 has submitted before this Court that since his father is hard of hearing he is assisting his father who is appearing in person against the Petitioner/Applicant. He is not appearing in Court in his capacity as an advocate and that he is present in Court as the son of Respondent No.1. Even if he represents his father before any Authority, it is not in his capacity as an Advocate. He has submitted that he will not assist his father when he is in Court dress. 3 3. In view of the above statements made by Respondent No. 2, the question of granting any relief sought in the Notice of Motion does not arise. The Notice of Motion is, accordingly, disposed of with no orders as to costs. 4. The Petitioner/Applicant undertakes to have the notice of Motion numbered on or before 25th January, 2010 which is currently registered on lodging number. [ S. J. KATHAWALLA, J. ]