((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.875 OF 1999 Nilkamal Plastics Limited Petitioner versus Poona Beverages Limited Respondent Mandar Soman for Kiran Kulkarni i/by Prajakta Kulkarni for petitioner. M.J.Jamdar for respondent (Ex-Directors) S.Ramakanta, Dy.O.L.present. CORAM : A.M.KHANWILKAR, J. DATE : 25th March 2008 PC : 1. This matter is wrongly shown under caption "admission". Counsel for the Ex-Director has invited my attention to the order dated 31st January 2000 which clearly discloses that the petition was admitted and ordered to be advertised. Learned counsel for the Ex-Director also submits that Provisional Liquidator was appointed with a direction to take over the assets of the respondent company. Consequent to the said direction the Provisional Official Liquidator has already taken over possession of the respondent company and in turn has sold the ((-2-)) MST same in Court auction. The representative of the Official Liquidator reiterates this position. In other words, it is common ground that no assets of the company are available and whatever assets were owned by the company, have already been sold pursuant to the orders of the Court. If it is so, the natural order that ought to be passed in this situation, is to allow the company petition in terms of prayer clauses (a) and (b). The Provisional Liquidator to take over charge of Official Liquidator and discharge all responsibilities as required under the provisions of Companies Act. Petition disposed off accordingly. (A.M.KHANWILKAR, J.)