1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.233 OF 2009 IN COMPANY APPLICATION NO.1285 OF 2008 IN COMPANY PETITION NO.412 OF 1996 BGM Industrial Services .. Appellant Vs. Papco Investments Corporation Official Liquidator, High Court .. Respondent Mr.H.M.G. Murthy appellant in person Mr.Kedar Dighe for Official Liquidator CORAM : J. N. Patel & Smt. R.P. Sondurbaldota, JJ DATE : July 21, 2009 P.C. : 1. Not on board. Mentioned. 2. The petitioner has impugned the order dated 10.10.2008 of the learned single Judge wherein in the Company Application No.1285 of 2008 the learned Judge directed the Official Liquidator to adjudicate the claim of the applicants on the basis that these questions will have to be addressed by the Official Liquidator on its own merits in accordance with law, as it is the Official 2 Liquidator who is vested with the statutory powers to adjudicate the dispute in controversy. 3. We are informed that after the impugned order came to be passed, the Official Liquidator has already adjudicated the dispute. In that event, the appeal does not survive. The same is dismissed as infructuous. In view thereof, Notice of Motion No.738 of 2009 is dismissed as infructuous. It will be open for the parties to have recourse to appropriate proceedings in accordance with law. ( J. N. Patel, J) (Smt.R.P. Sondurbaldota, J)