IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 5 OF 2007 IN SUIT NO. 1145 OF 1980 Modi Vyapar Pratishthan and anr. .....APPELLANTS/PLAINTIFFS vs. Mr. B.C. Meena .....RESPONDENT/DEFENDANT ------- Mr. Rafiq Peer Moideen with Mr. Abhijeet Chaturvedi i/by. Paras Kuhad and Associates, Advocate for the appellants. None for the respondent. CORAM : D.K. DESHMUKH, & SMT. R.P. SONDURBALDOTA, JJ. DATED : 10th JUNE, 2010. P.C. :- 1. Heard. 2. This appeal is directed against the order dated 19th November, 1999 passed by the learned Single Judge of this court in Suit No. 1145 of 1993. By that order, the court has decreed the suit in terms of prayer clause (a). In this appeal, the defendant challenges that order relying on an order passed by the Company Court of the Rajasthan High Court dated 23rd December, 1994. Perusal of that order shows that as winding up proceedings of the plaintiffs were pending before the Rajasthan High Court, an application was made under Section 446 of the Companies Act for transfer of the suit to the Rajasthan High Court for disposal. The Rajasthan High Court made that order. It appears that the order was not complied with and the suit remained in this court, which came to be decreed ex-parte by the court by the order dated 19th November, 1999. In view of the order passed by the Company Court of the Rajasthan High Court dated 23rd December, 1994, this court did not have jurisdiction on 19th November, 1999 to pass decree in the suit. The decree therefore will have to be set aside. It is accordingly set aside. Appeal disposed off. [D.K. DESHMUKH, J] [SMT. R.P. SONDURBALDOTA, J]