1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 37 OF 2005 In the matter of Companies Act, 1956 And In the matter of winding up petition under Section 433, 434 and 439 of the Companies Act. And In the matter of IMP Power Ltd. A company incorporated under Companies Act, 1956. Pegasus Assets Reconstruction Pvt.Ltd. .. Petitioner V/s. IMP Power Ltd. .. Respondents .... Mr. M. N. Narhari i/b. V. D. Jaisingh for the Petitioner. Mr. Ueshi i/b. Sanjay Udesh i & Co. for the Respondents. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 20, 2010. P.C. Heard the learned Advocate appearing for the Pegasus Assets Reconstruction Pvt. Ltd. The Petitioner seeks to withdraw the Petition. The learned Advocate for the Respondent has no objection. 2 2. The Company Petition was originally filed by a Company named Krunish Engineering Fabricators Pvt. Ltd. against the Respondent company which Petition was admitted by an order dated 5th May, 2005. On 6th July, 2007 Krunish Engineers & Fabricators Pvt. Ltd. applied for permission to withdraw the application. The said withdrawal was allowed on condition that the proposed withdrawal be published. The order of publication was complied with. Thereafter an application was made by the present Petitioner to be substituted in place of Krunish Engineers & Fabricators Pvt. Ltd. which application was allowed on 10th September, 2007. The Respondent company filed an appeal against the said order permitting M/s. Pegasus Assets Reconstruction Pvt. Ltd. to be substituted as Petitioners. On 15th October, 2008 Consent Terms have been filed by the parties before the Hon’ble Division Bench. Under the said Consent Terms parties have agreed that the order substituting M/s. Pegasus Assets Reconstruction Pvt. Ltd. be set aside. In view of the said Consent Terms, nothing survives in the Company Petition and the same is dismissed as withdrawn on the ground of being infructous. [ S. J. KATHAWALLA, J. ]