1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1210 OF 2008 WITH COMPANY PETITION NO.182 OF 2001 Simplex Concrete Piles (I) Ltd. ..Petitioner V/s. Delta Mechcons India Ltd. ..Applicant. The Official Liquidator. ..Respondent. Mr.A.G.Damle for applicant. Mr.Devesh Juvekar for petitioner. Mr.S. Ramakanta, Dy. O.L. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : NOVEMBER 20, 2008. : NOVEMBER 20, 2008. : NOVEMBER 20, 2008. P.C. P.C. P.C. : : : 1. Counsel appearing for the parties have handed in Consent Terms duly signed by the parties and their advocates. The Applicants have already issued publication for recall of winding up order dated 13th July, 2007, which was passed exparte and for proposed withdrawal of the said Petition. Inspite of that publication no claim has been received either to oppose or support the said prayer. I am informed that only one claim was received by the Official Liquidator from workman Mrs. Hazel D’Souza. Later on however, even the said claim has been withdrawn. 2 2. In the circumstances, this Application is allowed in terms of prayer clause (a) and as a consequence of Consent Terms filed by the parties, Company Petition No.182 of 2001 is dismissed as withdrawn. 3. The Respondent company shall pay costs quantified at Rs.20,000/- to be paid to the Official Liquidator within two weeks from today, which is condition precedent for order of withdrawal of Company Petition. 4. Company Application and Company Petition disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)