:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL LODGING NO.671 OF 2008 IN COMPANY APPLICATION NO.368 OF 2008 ALONG WITH COMPANY PETITION NO.189 OF 2008 Horizon Flora India Ltd. ..Appellant. Vs. Asset Reconstruction Co. (I) Ltd. ..Respondent. Shri. Ravi Kadam, Adv. General with Mr.B.B. Saraf i/by S.S. Punde for the Appellant. Mr.P.L.Samdhani, Sr. Advocate with Ashish Kamat i/by Apex Law Partners for the Respondent. CORAM : D.K. DESHMUKH & R.S.MOHITE, JJ. DATE : 04th May, 2009 P.C. P.C. P.C. 1. By this appeal, the appellant challenges an order passed by the learned Single Judge of this court dated 12.9.2008 in Company Petition No.189 of 2008 as also in Company Application No.368 of 2008. The learned counsel appearing for the appellant states that though in the appeal, the appellant is challenging the order passed in Company Petition No.189 of 2008, he does not press his appeal against the order admitting the petition. He, however, submits that the order passed in Company Application No.368 of 2008 appointing Provisional Liquidator has been passed by the learned Single Judge without giving any reasons. 2. We have heard the learned counsel appearing for the respondent. The learned counsel is not able to :2: point out that the learned Single Judge has considered the company application independently after admitting the Company Petition No.189 of 2008. We find no reason given by the learned Single Judge while appointing the Provisional Liquidator. In our opinion, therefore, following order would meet the ends of justice. ORDER ORDER ORDER a. The order dated 12.9.2008 passed in Company Application No.368 of 2008 is set aside and the company application is sent back to the learned Single Judge for fresh decision in accordance with law. b. The learned counsel for the appellant states that during the pendency of that application the appellant shall not deal with or transfer fixed assets of the company which are mortgaged with the respondent. Statement accepted. c. Appeal is disposed off. ( D.K. DESHMUKH, J.) (R. S. MOHITE, J.)