CA564-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.564 OF 2010 Grand Foundry Limited .. Petitioners Versus B.I.F.R. .. Respondent Mr.O.P.Soni i/b. O.P.Soni & Co. for petitioners Dr.T.Pandian, O.L. CORAM : S.C.DHARMADHIKARI, J. DATE : 20 th January 2011 P.C.: 1] Heard Mr.Soni for petitioner. This company application is thoroughly misconceived and no relief can be granted thereon. 2] If the application is perused, it is clear that what the applicant is seeking to file with Registrar of Companies is an order which has been made on a review application. That Review Application was necessitated because earlier the B.I.F.R. recommended winding up of the subject company which opinion of the BIFR was set aside by the Appellate Authority – AAIFR. The matter was remanded back. In CA564-10 2 such circumstances, there was no opinion of the BIFR on record, based upon which any petition could have been registered as petition for winding up. 3] The Court corrected the error and, therefore, there was no petition seeking winding up of the company. In such circumstances, one fails to understand as to what the petitioner desires to file with Registrar of Companies. If what is to be complied with is section 445, provision is absolutely clear, inasmuch as the section contemplates filing of a copy of winding up order with the Registrar of Companies. My attention is then invited to section 466 which confers powers on this Court to stay winding up. Neither of these provisions are attracted in this case. Hence, as already observed this application is misconceived and is dismissed with costs quantified at Rs.5000/-. (S.C.DHARMADHIKARI, J)