1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.222 OF 2009 IN COMPANY PETITION NO.291 OF 2008 Creative Healthcare Pvt.Ltd. ....Appellant V/s. RPG Life Science Ltd. ....Respondent Mr.O.P.Soni i/b O.P. Soni & Co. for the Appellant. Mr.Pranav Sampat i/b Thakore Jariwalla & Co. for the Respondent. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 1ST JULY, 2009. P.C. :- 1. Heard. 2. By the impugned order dated 20.11.2008, Company Petition No.291 of 2008 came to be dismissed solely on the ground of preliminary objection regarding maintainability of the Petition against the Respondent i.e. RPG Life Science Ltd. was sustainable. At the same time, the Petition was disposed of with liberty to the Petitioner to pursue the claim against the successor of the present Respondent company i.e. RPG Life Science Ltd., if so desired. The 2 learned Single Judge also clarified that all the questions on merits were left open and to be decided in the fresh Petition, if so filed. 3. We are satisfied that no interference is called for in the impugned order and hence the Appeal is dismissed. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)