1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.952 OF 1998 Spartan Electricals .. Petitioner Vs. Radalt Electrical Industries Ltd.. Respondent Mr.Yogesh Adhia h/f Ms.Smita Ranpise i/b M/s.S.K.Shrivastava and Co. for the petitioner Mr.Santosh Singh i/b M/s.D’Lima & Associates for respondent CORAM : S.C.DHARMADHIKARI, J CORAM : S.C.DHARMADHIKARI, J CORAM : S.C.DHARMADHIKARI, J DATED : 6TH JUNE, 2008 DATED : 6TH JUNE, 2008 DATED : 6TH JUNE, 2008 P.C.: 1. The Company Petition was placed yesterday for withdrawal. This court in its order dated 10.03.08 has noted that the petitioners and the respondents have amicably settled the dispute. However, considering the fact that the petition was admitted, this court directed issuance of an advertisement by the Company with regard to the withdrawal. 2 2. Initially that order was not complied with. But on time being extended, an advertisement was published. An affidavit has been filed to that effect by the Company. Further, it was reported yesterday that the claims of creditors have been settled. The claim of M/s.IIT Capital Services Limited was also settled but there was no proof with regard thereto. Therefore, the matter was adjourned till today for orders. 3. Today, an affidavit of the Administrative Officer of the Respondent Company has been filed and it states that the claim of M/s.IIT Capital Services Limited has also been settled. Proof of such settlement is annexed in the form of a letter addressed by M/s.IIT Capital Services Limited to the Respondent. 4. The counsel appearing for the supporting creditor M/s.IIT Capital Services Limited confirms the above settlement. Further, the order of 2.5.08 has been complied with. 5. In the above circumstances, there is 3 complete compliance with the requirements stipulated by the Rules for withdrawal of the Company Petition. There are no other or pending claims. In such a situation, the Company Petition can be allowed to be withdrawn. 6. Company Petition is therefore, allowed to be withdrawn and dismissed as such. No order as to costs. (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.)