SB Civil Company Petition No.7/1998 M/s. Paam Pharmaceuticals Vs. M/s. Pooja Granites & Marbles Ltd. 1 SB Civil Company Petition No.7/1998 M/s. Paam Pharmaceuticals Vs. M/s. Pooja Granites & Marbles Ltd. DATE OF ORDER : - 16.12.2008 HON'BLE MR. PRAKASH TATIA, J. None present for the petitioner. Mr. Vikas Balia, for the Official Liquidator. <><><> This company petition has been sent to this Court by the Jaipur Bench of this Court vide order dated 13.12.1996 on finding that another winding up petition no.12/1996 is pending at Principal seat of the Rajasthan High Court in relation to the same company M/s. Pooja Granite & Marble Ltd. After 13.12.1996 the company petition has been listed in court on 24th July, 1998 i.e., after one and half years from the order dated 13.12.1996. on 24th July, 1998 nobody appeared, therefore, the matter has been adjourned sine die with direction that it may only be listed when the learned counsel for the petitioner moves an application and explains his absence for today. SB Civil Company Petition No.7/1998 M/s. Paam Pharmaceuticals Vs. M/s. Pooja Granites & Marbles Ltd. 2 This court directed to find out all old company matters pending in the High Court then this file came to the notice and has been listed in court today for appropriate orders. This court also called record of the company petition No.12/1996 and found that the said company petition no.12/1996 filed by M/s. Kotak Mahindra Finance against same company M/s. Pooja Granite & Marbles Ltd. has been decided vide order dated 11th April, 1997 in view of the settlement arrived at between the parties, term of which has been incorporated in the order dated 11th April, 1997. In spite of the decision in company petition no.12/1996 vide order dated 11th April, 1997 no proceeding has been taken in this file nor the petitioner put in appearance nor he moved any application explaining his absence in the day i.e., his absence on 24th July, 1998. No matter in the High Court can remain pending for indefinite period. It is required to be decided if pursued then on merits and if not, the matter can be dismissed in default. Here in this case, it has been pointed out by learned SB Civil Company Petition No.7/1998 M/s. Paam Pharmaceuticals Vs. M/s. Pooja Granites & Marbles Ltd. 3 counsel for the official liquidator that for the same company i.e., M/s. Pooja Granite & Marbles Ltd , the winding up order has been passed in Company Petition No.11/1998 – M/s. Rajasthan Tools Ltd Vs. M/s. Pooja Granite & Marbles Ltd vidd order dated 1.2.2006. Since this Court after following the procedure as provided under the Companies Act decided to pass order to wind up the company vide order dated 1.2.2006, therefore, there may not any necessity for passing a further order of winding up in the company petition no.7/98 because there can be only one procedure after order of winding up of the company which can be in accordance with law as provided under the Companies Act, 1956. All claims are required to be seen by the official liquidator in the proceedings taken after winding up order. However, since the matter is pending before the official liquidator and official liquidator can certainly looking into the interest of the creditors and debtors in accordance with law, therefore, this company petition is disposed of with liberty to the petitioner to appear before the official SB Civil Company Petition No.7/1998 M/s. Paam Pharmaceuticals Vs. M/s. Pooja Granites & Marbles Ltd. 4 liquidator for his any claim subject to all legal objection. In view of the above, this petition is disposed of and may be consigned to record. The official liquidator shall intimate this order to the petitioner of this company petition no.7/1998. (PRAKASH TATIA), J. c.p.goyal/-