THE HON’BLE SRI JUSTICE V.V.S.RAO COMPANY PETITION No.24 of 2009 Dated:05.10.2009 Between: M/s.AICO Agencies Pvt.Ltd. …Petitioner And M/s.Maruthi Cottex Ltd. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO COMPANY PETITION No.24 of 2009 ORDER: This petition is filed by the creditor of the respondent under Section 433(e) of the Companies Act, 1956, seeking winding up of the respondent company. When the matter was coming up for admission and as to directions for advertisement of the petition, it was brought to the notice of this Court that the respondent was referred to Board for Industrial and Financial Reconstruction (BIFR), that the reference was negatived by BIFR and that the same was confirmed by Appellate Authority for Industrial and Financial Reconstruction (AAIFR). It is also brought to the notice of this Court that respondent filed a writ petition, being W.P.No.11970 of 2008, against the orders of AAIFR in Appeal No.316 of 2003, dated 19.05.2008. A Division Bench of this Court by order dated 24.06.2009 allowed the said Writ Petition and remanded the matter to AAIFR for fresh consideration. In view of the same and also in view of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985, this Court cannot proceed with the petition for winding up. The Company Petition is, therefore, dismissed giving liberty to the petitioner to agitate in appropriate forum including this Court by way of appropriate remedy as and when the case is disposed of by AAIFR, New Delhi. ____________ (V.V.S.RAO, J) 05.10.2009 vs