1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.116 OF 2008 IN COMPANY PETITION NO.427 OF 2004 Thirumagal Mills Ltd. ..Petitioners. And Ventura Textiles Ltd. ..Applicants. Mr.Manish Bohra i/b. A.S.Khan & Associates for petitioners. Mr.Vivek A. Vashi i/b. Amarchand & Mangaldas & S.A.Shroff & Co. for respondent co./applicant. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. P.C. : P.C. : P.C. : 1. Counsel for the Respondent company in all fairness accepts that the assertions made in the affidavit in support of the Application is correct. In that, the proceedings before the BIFR in respect of the Applicant company are still pending. As scheme for revival is pending, obviously this Court could not have proceeded with the hearing of the Company Petition on January 8, 2008. In the circumstances, the said order will have to be recalled and the restored Company Petition to proceed in accordance with the law. Ordered accordingly. 2 2. The Company Petition shall be listed peremptorily on 28th November, 2008 under caption "direction". 3. In case, BIFR proceedings are decided finally in the earlier point of time, it will be open to the parties to get the date preponed for passing appropriate orders, as may be required. 4. The application disposed off on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)