ndm 1 cp.874.08 w cal.669.09 w cal.670.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 874 OF 2008 In the matter of Sections 433, 434 and 439 of the Companies Act, 1956 ; And In the matter of winding up of company Sipani Textiles Pvt. Ltd. Swastik Textile Engineers Pvt. Ltd. ... PETITIONER A N D COMPANY APPLICATION (L) NO. 669 OF 2009 WITH COMPANY APPLICATION NO. 631 OF 2009 IN COMPANY PETITION NO. 874 OF 2008 Swastik Textile Engineers Pvt. Ltd. ... PETITIONER AND Sipani Textile Pvt. Ltd. ... APPLICANT Vs. Official Liquidator of Swastik Textile Engineers Pvt. Ltd. and anr. ... RESPONDENTS ndm 2 cp.874.08 w cal.669.09 w cal.670.09.sxw -------------- Mr. Satish Shah a/w Ms. Heena Desai i/b Singhi and company for the Petitioner. Mr. K.K. Malpathak a/w Mr. V.N. Bolingkar for the Applicants. Official Liquidator present. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 14 th October, 2009. P.C. 1 The Company Application (L) No. 669 of 2009 is taken out by the Respondent – Company seeking setting aside and recalling of the ex- parte order dated 09 th January, 2009 passed in Company Petition No. 874 of 2008 admitting the Petition. 2 Admittedly, the petition was not served since the petitioner was under an incorrect impression that the office is required to serve the petition on the Respondent – Company. In view thereof, the exparte order admitting the Company Petition No. 874 of 2009 dated 09 th January 2009 is set aside. The order appointing provisional liquidator dated 19 th May, 2009 is also set aside and the Petition is taken up for admission. The learned Advocate for the petitioner states that the Respondent – ndm 3 cp.874.08 w cal.669.09 w cal.670.09.sxw Company has already made payment to the petitioner and the petitioner has received the same in full and final settlement of its claims. The petitioner states that the petitioner now has no claim of whatsoever nature against the respondent company and is desirous for withdrawing the Company Petition. The Company Petition is therefore, dismissed as withdrawn with no order as to costs. The Petitioner shall pay Rs. 5,000/- to the office of the Official Liquidator towards their costs and expenses during the period of his appointment as Provisional Liquidator of the Respondent – Company. 3 The Company Petition No. 874 of 2008, Company Application (L) No. 669 of 2009 and Company Application (L) No. 670 of 2009 stands disposed of. [ S.J. KATHAWALLA, J ]