1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.720 OF 1991 National Union of Seafarers .. Petitioner Versus Indo French Time Industries Ltd... Respondents Mr.Ajit Shekhar i/b. Pandya Gandhi & Co. for respondents Mr.S.K.Nair for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 2nd May 2008 P.C. . There is further affidavit filed on 30th April 2008 pointing out that the respondent company has settled the claim of all persons and had given undertaking to this Court as recorded in the order dated 16th July 2004. The order dated 16th July 2004 is in W.P. No.2313 of 1999. That petition was directed against the orders 2 passed by B.I.F.R. rejecting the reference by B.I.F.R. which has been confirmed by A.A.I.F.R. Both these orders were set aside after this Court recorded statement that claims of all creditors have been settled and an undertaking is given to settle all such claims or dues as are pending. The claim of present petitioner was pending. There are no other claims which have been received by the respondent either prior to 16th July 2004 or thereafter. There are no proceedings pending against this company either. The office endorsement pointing out that the company is wound up is thus ex facie erroneous. The Division Bench order and affidavit, if perused, would indicate that ex parte order passed was recalled by this Court and, thereafter, the petition was placed on board.. 2. In such circumstances and in facts peculiar to this case, withdrawal of the company petition is permitted without compliance with the 3 requirement of publishing any advertisement. Needless to state that the company would abide by the undertaking and any breach of the same would entail in such consequences as are stipulated in law. It is in the light of this undertaking that the petition is allowed to be withdrawn. No costs. (S.C.Dharmadhikari, J)