:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.795 OF 2007 NO.795 OF 2007 NO.795 OF 2007 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION NO.77 OF 2006 PETITION NO.77 OF 2006 PETITION NO.77 OF 2006 Nilesh Gopalbhai @ Rajubhai Shah ..Appellant Vs. Akshay Navneetlal Parikh ..Respondent Mr.Tushar Garodia i/b.Rahul Karnik for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. We have perused the impugned order, whereby the Appellant has been declared an insolvent in Insolvency Petition by an order dated 20th February, 2007. 2. The learned Counsel for the Appellant brought to our notice that the said order was based on exparte decree dated 19th January, 2005. It appears that the said decree has been set aside. In view thereof, the learned Single Judge, by an order dated 5th February, 2008 had recalled the order dated 20th February, 2007, as the same does not survive. In view thereof, above Appeal has become infructuous. Hence, the same stands dismissed. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)