1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.408 OF 2008 IN COMPANY PETITION NO.1128 OF 2000 Rajesh Mulchand Rohra & Anr. ..Petitioners. V/s. Mahalaxmi Plywood Pvt.Ltd. ..Respondent. And Ashok Jethanand Gwalani. ..Applicant. Ms.Dipti Shah i/b. S.Nagvadaria for respnodent. Mr.A.T.Suryavanshi i/b. R.C.Dhru for secured creditors. Mr.S.Ramakanta, Dy. O.L. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : NOVEMBER 17, 2008. : NOVEMBER 17, 2008. : NOVEMBER 17, 2008. P.C. P.C. P.C. : : : 1. Company Petition has been filed in relation to the claim of Rs.5,60,000/-. In addition to the said claim, secured creditor has appeared in the present proceeding, who claims that outstanding dues of Rs.30 Lakhs has not been paid. The affidavit in support of the application essentially deals with only these two claims. No reference is made to other outstanding dues as on 30th November, 2000, which are ascertained by the Official Liquidator such as aggregate outstanding amount of Rs.1.63 crores plus 2 security charges Rs.17,60,153/- and Official Liquidator’s expenses to the extent of Rs.50,000/-. The aggregate outgoing referred to above works out to Rs.1.81 crores. Counsel appearing for the secured creditor points out that although assurance has been given by the Company that the outstanding amount will be paid of, the same has not been received even in part for more than one year from that assurance. Be that as it may, even if this Court in the earlier order has permitted the company to issue publication for disposal of the Company Petition on the ground that all claims against the Respondent company have already been paid of and settled, having regard to the disclosure made by the representative of the Official Liquidator, the only course open is to dismiss the present application. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)