:1: bgp bgp bgp 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 APPEAL APPEAL APPEAL NO.522 OF 2004 NO.522 OF 2004 NO.522 OF 2004 IN IN IN COMPANY COMPANY COMPANY PETITION NO.10 OF 2003 PETITION NO.10 OF 2003 PETITION NO.10 OF 2003 Shri.Anant Ramchandra Kotibhaskar ..Appellant Vs. Garuda Chit and Trading Co.Pvt.Ltd. ..Respondent Mr.K.L.Parab for the Appellant. Ms.Usha Rathi i/b.Mayur Narindra & Co. for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Appeal, the Appellant is challenging the order dated 25th February, 2004 whereby, the learned Single Judge had declined to entertain the Company Petition for winding up. The learned Single Judge had clearly observed that the Company was liable to pay the amount to the Petitioner right from 11th April,1997. If that be so, the Company Petition was filed much beyond the period of limitation. In the sense, the money claim was already barred by Law of Limitation. 2. Over and above, even the perusal of the Company Petition especially paragraph No.5, wherein the Petitioner has categorically averred as under: :2: 5. "..................The Respondent as per the statement of account maintained by them having admitted the sum of Rs.13,000/- and odd payable to the Petitioner in the year 1980-81, with the interest thereon due. The Petitioner craves leave to refer to and rely upon the chit passbook issued by the Respondent when produced." 3. In view of the aforesaid averments, we find absolutely no merit in the above Appeal. Hence, the Appeal stands dismissed. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)