2206cal59.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. COMPANY APPLICATION NO. 59/09 IN OLR NO. 17/09 IN CMP NO. 1 OF 2008 In the matter of M.s Adhunik Grihanirman vittiya Corpn, Ltd. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. JB Jaiswal, APP for applicant. Mr. Anjan De, Adv. for O.L.-respondent. Coram : A.H. Joshi, J. Dated : 22nd June, 2009. 1. It is seen that OLR No. 17 of 2009 is filed in this Court wherein a prayer (A) was made thus : “Whether this Hon’ble High Court be pleased to issue notice to Superintendent of Police, CID Branch Pune and after hearing case please direct said Police authority to hand over the possession of assets and properties, Books of accounts of the company which were seized by them under the provisions of MPID Act, 1999 as per list submitted by them in its letter dated 19/01/2009 and 10/02/2009 in view of the winding up order passed on 03/10/2008 by this Hon’ble High Court, and provision of Section 456 and 468 of the Companies Act, 1956.” 2. This Court had heard the parties and passed the following order on 24/4/2009. : “Heard. Learned APP Mr. Jaiswal state that there is no legal impediment in sale of properties by OL in the process of winding up. This application is allowed in terms of prayer ‘A’. The compliance be done within 30 days.” 2206cal59.09.sxw 3. By the present application the State has approached this Court and has prayed for recalling order dated 24/4/2009. The reasons for recalling the order prayed for, inter alia are as stated in paragraph No.7 of the application. 4. The learned APP contends that the record was already deposited along with charge sheet before the Special Court before whom the trial under the MPID Act is conducted, and this information was not at his hand when a conceding statement was made by him on 24/4/2009. 5. This statement of fact is not disputed by the learned Mr. Anjan De, Advocate appearing for the official liquidator. 6. This Court is satisfied that in the interest of justice it is necessary to recall the order dated 24/4/2009 passed in OLR No. 17 of 2009. 7. In the situation that is obtained, the Official Liquidator is free to file fresh motion of appropriate order or to pursue O.L.R. No. 17 of 2009. 8. O.L.R. No. 17 of 2009 be listed for further orders on 06/7/2009. JUDGE wwl