1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 16 OF 2010 IN NOTICE OF MOTION NO. 54 OF 2009 IN INSOLVENCY PETITION NO. 10 OF 2008. Pankaj C. Gandhi. ..Petitioner. v/s. Mr. Rohit M. Sanghvi. ..Respondent. .... Mr. Pankaj Champaklal Gandhi, Insolvent, in-person. Mr. Rohit Sanghavi, Applicant, in-person. Mr. A.A. Kumbhkoni, as Amicus Curiae. .... CORAM : S.J. KATHAWALLA, J. DATE : 16TH FEBRUARY 2010. P.C. By this notice of motion, the Insolvent seeks setting aside of the order passed by this Court dated 5th January 2010 dismissing the notice of motion no. 54 of 2009 in default. 2. It is submitted by the insolvent, who is appearing in person, that on 5th January 2010, he was unable to remain present before this Court, because he was suffering from back pain and was advised complete bed rest, as set out in the medical 2 certificate annexed as Exhibit-A to the affidavit in support of the notice of motion. 3. In my view, sufficient cause is made out by the insolvent to allow restoration of notice of motion no.54 of 2009. In view thereof, the order dated 5th January 2010 is set aside and notice of motion no.54 of 2009 is restored to file. 4. Notice of motion no. 16 of 2010 is accordingly, disposed of, with no order as to costs. [ S.J.KATHAWALLA, J. ]