IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.392 OF 2001 Oman International Bank ... Petitioner Versus Jord Engineers Limited ... Respondent None for Petitioner. Prachi Mhatre i/b M. S. Bodhanwala & Co.for Respondent. CORAM:- A. M. KHANWILKAR, J. DATE :- 9TH 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, 1 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.] 2