1 ca-l-535-10-cp-489-04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION (L) NO. 535 OF 2010 IN COMPANY PETITION NO. 489 OF 2004. M/s. Balmer Lawrie Van-Leer Limited. ..Petitioner. And Vishuddha Rasaynee Private Limited. ..Applicant/ Org. Respondent. v/s. The Official Liquidator of Vishuddha Rasaynee Private Limited & Ors. ..Respondents. .... Mr. Rahul D. Oak, for Applicant. Mr. Santosh Kumar Mishra, i/b. M/s. Singhania & Co., for Petitioner. Mr. Ashish Kamat, i/b. V. Deshpande & Co., for Respondent No.3. Ms. Anulata Saudankar, i/b. Gauri Godse, for Intervenor. Deputy Official Liquidator, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 14TH OCTOBER 2010. P.C. This Company Application is taken out for recalling of the order of winding up of the Respondent Company dated 26th July 2010. 2. It is recorded by this Court in its order dated 26th July 2010 that the Respondent Company failed and neglected to appear before the Court not only at the stage of admission of the Petition but 2 ca-l-535-10-cp-489-04 also at the time of the final hearing. It is further recorded in the order that the Company by its letter dated 25th January 2003 had admitted its liability towards the Petitioner. By the said order, this Court has allowed the Company Petition in terms of the prayer clauses (a) and (b). 3. The learned Advocate appearing for the Petitioner states that the Petitioner has been served with a copy of this Company Application today at Navi Mumbai. The learned Advocates for the Petitioner has also drawn my attention to the order passed by this Court dated 7th October 2010, wherein it is recorded that the Directors of the Company had refused to hand over possession of the properties/assets and records of the Company when the representative of the Official Liquidator sought to take possession of the same on 4th October 2010. In view thereof, this Court has directed the Superintendent of Police, Raigad to provide all assistance and adequate police protection to the representative of the Liquidator to enable him to take possession of the properties/assets and records of the Company. The Official Liquidator has also informed this Court that pursuant to the said order, his representative will be taking possession of the registered office of the Company in liquidation on 15th October 2010 and of the factory premises on 16th October 2010. 3 ca-l-535-10-cp-489-04 4. Mr. Ashish Kamat appearing for International Asset Reconstruction Company (IARC) has informed the Court that the Bank of Baroda had lent and advanced amounts by way of loans to the Respondent Company. The Bank of Baroda has assigned its debt in favour of the IARC and as of date an amount of Rs.7.02 crores is due and payable by the Respondent Company to IARC. 5. Under the circumstances, the question of recalling the order of winding up of the Respondent Company dated 26th July 2010 does not arise. The Company Application is, therefore, rejected. Needless to add that it is always open to the ex- Directors/Contributories, etc. of the Respondent Company to file a scheme for bringing the Respondent Company out of liquidation. [ S.J. KATHAWALLA, J. ]