:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.771 OF 2007 NO.771 OF 2007 NO.771 OF 2007 IN IN IN COMPANY COMPANY COMPANY PETITION NO.674 OF 2006 PETITION NO.674 OF 2006 PETITION NO.674 OF 2006 M/s.Aquarius Pvt.Ltd. ..Appellant Vs. M/s.Amit Ship Management Pvt.Ltd. ..Respondent Mr.M.Janardhanan for the Appellant. Mr.G.B.Kedia for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 12TH FEBRUARY, 2008 : 12TH FEBRUARY, 2008 : 12TH FEBRUARY, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. We have perused the order dated 25th April,2007 passed by the learned Single Judge whereby, the learned Single Judge had declined to entertain the Company Petition for winding up mainly on the ground that the Petition has been merely filed for the purpose of recovery of debts due of the Company. 2. Over and above, the learned Counsel for the Respondent referred to the Affidavit dated 11th February, 2008 filed on behalf of the Respondent Company which clearly indicates that the Award is under challenge before the learned District Judge, South Goa, Madgaon, Goa. Under these circumstances, the present Appeal is totally misconceived. Hence, the Appeal stands dismissed. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: