((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.7 OF 2008 IN COMPANY PETITION NO.1136 OF 1999 Harshad Ratilal Parekh Applicant versus The Acme Manufacturing Co.Ltd. Respondent C.D.Patel i/by A.A.Jain for applicant. Shobha Pawar i/by R.T.Parikh for respondent. CORAM : A.M.KHANWILKAR, J. DATE : 09th January 2008 PC : 1. Heard counsel for the parties. In my opinion, no fruitful purpose will be served by restoring the petition. The order dated 17th December 2007 clearly records that the respondent company has already been merged in Millars India Limited. It is further recorded that the respondent company is willing to pay the outstanding dues to the petitioner on the same terms on which other creditors are paid. Counsel for the applicant submits that no offer has been received from the respondent. No such statement is found in the application as filed. In any ((-2-)) MST case, the matter can be resolved if the petitioner was to interact with the respondent company. As mentioned earlier, no fruitful purpose will be served by restoring the petition. The respondent maybe free to renew the offer already given to the petitioner. That be done within one week. The petitioner may be free to accept the said offer or to pursue such other remedy as may be permissible by law in terms of liberty given in order dated 17th December 2007. Disposed off on the above terms. (A.M.KHANWILKAR, J.)