IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.290 OF 2008 IN COMPANY PETITION NO.18 OF 1998 M/s.Gill and Company ...Ori.Petr. And M/s.Rushabh Precision Bearings ...Applicant/ Ltd. through Chairman Ori.Respdt. V/s. Official Liquidator of M/s.Rushabh Precision Bearigns Ltd. ...Respondent ...... Mr.Avinash Singh Gautama i/b Dhir & Dhir Associates for the Applicant/Ori.Respondent. Mr.Gaurav Joshi with Mr.Avinash Joshi i/b Mulla & Mulla & Craigie Blunt & Caroe for Ori.Petitioner. Mr.S.Ramakantha, Dy.Official Liquidator is present. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 13, 2008. MARCH 13, 2008. MARCH 13, 2008. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. There is substance in the stand taken on behalf of the Petitioners that the present : 2 : Application is not an honest application and erroneously proceeds on the assumption that the Company Judge was aware of the pendency of the B.I.F.R. proceedings when in fact, the Company Judge while disposing of the Petition on 21st June 2007 has made reference to the order passed by the B.I.F.R and the fact that the Appeal against that order was already withdrawn. In other words, the Company Judge was given to understand that no further AAIFR proceedings are pending in respect of the Respondent Company. It is on that basis, the matter was proceeded for which no fault can be found with the decision of my predecessor. However, the fact remains that subsequently fresh B.I.F.R. proceedings have been initiated in the year 2000 of which no intimation was given to this Court. As those proceedings are pending, the Company Judge was obliged to defer the hearing of the Company Petition. For that reason alone, the order dated 21st June 2007 deserves to be recalled. 3. In the circumstances, Application is allowed in terms of prayer clause (b) only. The Company Petition will stand restored to the file to : 3 : its original number to be continued after the termination of B.I.F.R. proceedings in respect of the Respondent Company. 4. This indulgence is shown on condition that the Applicant shall pay cost quantified at Rs.7,500/- (Rupees Seven Thousand Five Hundred) to the Official Liquidator who has already acted upon the order dated 21st June 2007. Cost to be paid within four weeks from today. Amount so paid be credited to the common fund. 5. Application allowed on the above terms. A.M.KHANWILKAR, J.