1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Company Appeal No. 1 of 1991 Jayant K. Deshpande Vs. Narkesari Prakashan Ltd. & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: ANOOP V. MOHTA & C. L. PANGARKAR JJ. Dated: 10 th July, 2008. None present. This is a Company Appeal against the order dated 8th/9th July 1985 passed in Company Petition No. 1 of 1983 wherein Single Judge in a petition under Section 439 of the Companies Act after considering the material available on record observed in para 29 as under: “In the result, the petition for winding up of the company is dismissed. By order dated 23.12.1983 Civil Suit No. 2 317 of 1982 was directed to be transferred to this Court for disposal according to law. Since the petition for winding up is dismissed the aforesaid civil suit shall now go back to the Civil Judge Senior Division, Nagpur in which Court it was pending. The learned Civil Judge shall proceed with the trial of the suit and dispose it of according to law. In the circumstances the respondent will have its costs from the petitioner.” Considering this and as in a matter like this where there are disputed questions of facts and as the liabilities are not admitted and, therefore, as such matters cannot be termed to be a petition for winding up on the foundation of “Debt not paid and due” as contemplated under Section 439 of the Companies Act. Therefore, we see no reason to interfere with the well reasoned judgment and order passed by the learned Single Judge. Appeal is, therefore, dismissed with liberty. JUDGE JUDGE svk