1 nmis.54.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN INSOLVENCY NOTICE OF MOTION NO. 54 OF 2010 IN OFFICIAL ASSIGNEE'S REPORT NO. 214 OF 2010 IN INSOLVENCY PETITION NO. 31 OF 2002 Re. Rajesh D. Vora .... Insolvent. Arti Mehra .... Petitioning Creditor Ex-parte: The Official Assignee of Bombay. .... Petitioner. Mr. Cyrus Ardheshiv i/b Bilawall and Co. for Petitioning Creditor. Mr. Ganesh Gole for insolvent. CORAM: S. C. DHARMADHIKARI, J. DATED: FEBRUARY 1, 2011. P.C.: This Notice of Motion is filed for setting aside the order dated 6 th May, 2010 passed by this Court. By this order, the court directed that the applicant be arrested and recorded the assurances of SSM 2 nmis.54.10 concerned police station for compliance of the order passed by this court. 2. In the affidavit-in-support of the Notice of Motion, the applicant has stated that he has been attending the meetings and has also produced certain documents. He has stated that he has deposited Rs.1,76,476.90. Further, he states that he would attend the meetings and furnish all details and produce documents and records before the official assignee as and when called. The applicant is present in the court and has assured through his counsel that he would diligently attend the office of the official assignee. The official assignee has stated that the applicant has been attending his office and on the last two occasions he was absent but he has given an explanation in writing stating that his presence was required in some other court. In the light of the said statement made by the official assignee and the undertaking of the applicant, who is present in the court that he would hereafter attend the office of the official assignee and render all SSM 3 nmis.54.10 assistance to him, the oder dated 6 th May, 2010 is set aside only to the extent it directs his Arrest and Detention. 3. Notice of Motion is made absolute in terms of Prayer Clause (a) but in terms aforesaid. 4. At the request of Mr. Gole, who appears on behalf of the insolvent, stand over to 1 st March, 2011. Till 1 st March, 2011, the insolvent will maintain status-quo as of today in respect of the premises more particularly described in prayer clause (a) of O.A.R. No. 214 of 2010. This order is passed without prejudice to the rights and contentions of both sides. (S. C. DHARMADHIKARI, J). SSM