1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application No.173 of 2009 in Company Petition No.1128 of 2000 1 Rajesh Mulchand Rohra and another ..Petitioners Vs. The Official Liquidator of M/s Mahalaxmi Plywood Private Limited ..Respondent and M/s Mahalaxmi Plywood Private Limited ..Applicant Mr.P.N.Ganwani i/b Mr.Suresh A.Malkani for petitioners Mr.P.Y.Shankar i/b Mr.R.C.Dhru for creditor Kalyan Janata Bank and Navjeevan Bank Mr.Sualeh Nagvadaria for applicant. CORAM: S.J.KATHAWALLA J. 24 th August, 2009 P.C. 1 This is an application to recall the order dated 2 nd December, 2000 passed by this Court (Coram: Smt.Justice K.K.Baam) (as 2 her ladyship then was) in Company Application Lodging No.943 of 2000 appointing the Official Liquidator, High Court as provisional liquidator of the respondent company. 2 The learned Advocate appearing for the applicant (respondent company) on 21 st August, 2009 submitted before this Court that the applicants are ready with the cheques payable to the secured creditors, namely, the Banks who are the only creditors of the respondent company and, therefore, the application be made absolute. The application was adjourned since the Advocate appearing for the banks had not remain present before this Court. 3 However, Mr.Shankar, Advocate appearing for the said Banks today appears and informs this Court that the Banks had accepted the proposal of the applicant in the year 2007 and the same is not acceptable to 3 the Banks at this stage i.e. two years after the said proposal was accepted. 4 In view thereof the question of passing an order recalling the earlier order dated 2 nd December, 2000 passed by this Court does not arise. The application is, therefore, dismissed with liberty to the applicant to take out a fresh application seeking identical reliefs as and when the Banks are willing to accept the proposal forwarded by the applicant to the said Banks. 5 Company application is accordingly disposed of. (S.J.KATHAWALLA J.)