-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.322 OF 2008 In the matter of M/s.Modern Mill Ltd. Shantilal K. Gangar of M/s.Shilpa Textiles : Petitioner ... Mr.K.M.Kedia i/b. A.H. Punwani for the petitioner. Ms Soumya Srikrishna i/b. M/s.Kanga & Co., for the respondent. ... CORAM : S.A.BOBDE, J. DATE : JULY 25, 2008. P.C. 1. This is a petition for winding up. The petitioner’s claim is based on a credit note dated 31.1.1987 issued by the respondent in the sum of Rs.1,50,000/- in favour of the petitioner. 2. The learned counsel for the respondent raises a preliminary objection regarding the tenability of the petition on the ground that an earlier petition in regard to the same relief was dismissed by this Court and thereafter no appeal was filed by the petitioner. Admittedly, on the basis of the same credit note, the petitioner filed an earlier Company Petition, being -: 2 :- Company Petition no.252 of 1988. That petition was dismissed by this Court by an order dated 26.4.2007 holding that a reference was registered with the B.I.F.R. on 21.9.1987 i.e. before filing of the petition and, therefore, the petition cannot be entertained. On the date when the petition was dismissed, the company had ceased to be under the B.I.F.R. Admittedly, no appeal has been filed against this order. 3. The respondent-company ceased to be under the B.I.F.R. on 14.10.1998. Even though proceedings could have been taken immediately thereafter, the petitioner took no steps whatsoever and filed this petition on 10.3.2008 i.e. after a period of about ten years, instead of preferring against the order dismissing the earlier petition. Thus, in view of the above, the present petition is on the same cause of action as the earlier petition and is grossly delayed. It appears that the petitioner, instead of preferring an appeal had filed an application for restoration of the petition which was apparently dismissed for non-prosecution on 10.12.2007. 4. In this view of the matter, the present petition is liable to be dismissed and is, accordingly, dismissed. -: 3 :- S.A. BOBDE, J.