1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.145 OF 1997 M/s. Modifin Private Ltd. ... Petitioner Versus Trident Steels Ltd. ... Respondent Adv. M. A. Ahemd a/w S. A. Ahemd ex-partner of dissolved firm for petitioners Khushm i/b Mulla and Mulla for Respondent. WITH COMPANY PETITION NO.387 OF 1997 SBI Capital Markets Ltd. ... Petitioner Versus Trident Steels Ltd. ... Respondent Vinay Bhate a/w Nandinee Mayekar for Petitioners Khushm i/b Mulla and Mulla for Respondent. WITH COMPANY PETITION NO.422 OF 1997 The Investment Trust of India Ltd. ... Petitioner Versus Trident Steels Ltd. ... Respondent Khushm i/b Mulla and Mulla for Respondent. 2 WITH COMPANY PETITION NO.834 OF 1997 Airfreight Ltd. ... Petitioner Versus Trident Steels Ltd. ... Respondent Khushm i/b Mulla and Mulla for Respondent. WITH COMPANY PETITION NO.942 OF 1997 S & S Power Switchgear Ltd ... Petitioner Versus Trident Steels Ltd. ... Respondent Rahul Donde i/b Kanga & Co. for Petitioners Khushm i/b Mulla and Mulla for Respondent. WITH COMPANY PETITION NO.700 OF 2001 Gufic Ltd. ... Petitioner Versus Trident Steels Ltd. ... Respondent Atul Damle for Petitioners A. C. Mahimkar for Respondent. 3 CORAM:- A. M. KHANWILKAR, J. DATE :- 3rd JULY, 2009 P.C.:- 1. This Petition is filed under Section 439 of the Companies Act, 1956, praying for winding up of the Respondent Company on the ground that the Company is unable to pay its debts. Petition is still pending for admission. 2. It is noticed that B.I.F.R proceedings under Sick Industrial Companies (Special Provisions) Act, 1985 are pending in respect of the Respondent Company. According to the Respondent Company, therefore, this Petition cannot proceed in view of the legal bar. In other words, unless the B.I.F.R. proceedings are finally terminated and/or the Respondent Company comes out of B.I.F.R., the question of considering reliefs claimed in this Petition does not arise. In my opinion, the appropriate course is to dispose of this Petition with liberty to the Petitioner to get the same revived in the event B.I.F.R. proceedings are finally decided against the Respondent Company and/or as and when the Respondent Company comes out of B.I.F.R. All aspects and issues raised in this Petition or as would arise for consideration will be considered on its own merits at the appropriate stage, if required. With this liberty, Petition is disposed of. Ordered accordingly. [A. M. KHANWILKAR, J.]