1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAL NO. 29/2008 IN OLR NO. 4/2008 IN CMP NO. 5 OF 2001 (Pedestal Finance & Trading Co. Ltd. vs. Akola Oil Industries Ltd.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 23, 2010. Heard Shri Thakur, learned counsel for the applicant and Shri Deshpande, learned counsel for the Official Liquidator. Perused the documents. The direction is sought to exclude certain plots from winding up proceedings and execute a sale deed in respect of those plots in favour of the applicant. The application has been filed on 27.02.2008 on the strength of agreement which is drawn on stamp paper purchased on 23.09.1997. It shows that payment of 13 lakhs was already made to company in liquidation and balance payment of Rs.1,10,73,327/- is to be paid within 15 days from the date of receipt of permission. Shri Deshpande, learned counsel has contended that such direction cannot be issued without trial and after the facts are ascertained in Civil Suit, the entitlement of applicant can be considered. During hearing, I have found that the orders of winding up are passed on 23.04.2004 and till date the 2 applicant – company has not lodged any claim with the Official Liquidator. In this situation, it will be appropriate for the applicant – company to proceed further by taking recourse to appropriate jurisdiction in which the facts can be ascertained and the entitlement can be gone into. With that liberty to the applicant – company, present company application is disposed of. JUDGE *GS.