- 1 - 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. jmi SUIT NO.987 OF 2000 WITH CHAMBER SUMMONS NO.1835 OF 2008 IN SUIT NO.987 OF 2000. M/s.Soni & Brothers. ..Plaintiffs. vs. M/s.Salimar Tubes & Industries Ltd. ..Defendants. .... Ms.Sheetal Shah, i/b. Mehta & Girdharilal, for Plaintiffs. None for Defendants. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 12TH MARCH, 2009 : 12TH MARCH, 2009 : 12TH MARCH, 2009. P.C.: P.C.: P.C.: . The learned Advocate for the plaintiffs have produced before this Court an order of the Company Court [Coram : S.J.Vazifdar,J.] dated 20th February 2009, in Company Petition of the plaintiffs under section 446 of the Companies Act, 1956, which reads as under :- "The claim is for goods sold and delivered on the terms and conditions contained in invoices. In these circumstances, it would be more convenient for the petitioner as well as the company in liquidation to prove the same before the Official Liquidator. For this reason, leave is not granted. 2. Company Application stands disposed of." - 2 - 2. The plaintiffs state that instead of persuing the suit, they shall prove their claim before the Official Liquidator as provided in the order of this Court dated 20th February 2009. 3. In view thereof, the suit is dismissed with liberty to the plaintiff to peruse their claim before the Official Liquidator, who is appointed as liquidator of the defendant-Company in liquidation. Refund of Court fees as per rules. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]