1 APP 967 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.967 OF 2010 IN COMPANY PETITION NO.702 OF 2007 Siyaram Packaging P. Ltd. ..... Appellant V/s. Goyal Starch Products P. Ltd. ..... Respondent Mr.N.R.Bubna, for the appellant. Mr.H.V.Chande, for respondent No.1. Mr.L.T.Satalkar, Advocate for Official Liquidator. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 29TH SEPTEMBER, 2010 P.C. 1. This appeal is directed against the order of the learned Single Judge dated 27-08-2009, by which the learned Single Judge has disposed of the Company Petition in terms of prayer clauses (a) and (b) of the petition. The Company Petition was admitted and the same was also advertised in two newspapers. The Company had not appeared before the learned Single Judge and therefore, the aforesaid order was passed. 2. The learned counsel for the appellant states that since the company had settled the dispute with the petitioning creditor, that the company had not appeared before the learned Single Judge. The learned counsel for the Official Liquidator states that in response to the 2 APP 967 of 2010 advertisements, no claim has been received. In view of this, in our view, it would be appropriate if the matter is sent back to the learned Single Judge in the light of the aforesaid facts. The impugned order is accordingly set aside and the matter is remitted back to the learned Single Judge to decide the Company Petition de novo in view of the facts stated hereinabove. The learned counsel for the Company as well as the petitioning creditor state that they will appear before the learned Single Judge as and when the company petition is notified on board. It is accordingly directed that the Company Petition may be notified before the learned Single Judge on 18-10-2010. The learned Single Judge may dispose of the Company Petition in accordance with law and on its own merits and without being swayed by the observations made in this order. 3. Subject to what is stated above, the appeal is disposed of. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )