IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.45 OF 2009 IN COMPANY APPLICATION (L.) NO.1385 OF 2008 IN COMPANY PETITION NO.649 OF 2006 M/s. Lalit Polymers & Electroics Ltd. ..Appellant. Vs. The Official Liquidator, High Bombay and another ..Respondents. .... Mr. V.R. Walawalkar i/b Bhave & Co. for the Appellant. Mrs. A.S. Pai, for the Official Liquidator. ..... CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. 24th March, 2009. P.C. : 1. The challenge in the present Appeal is to the order passed by the Learned Company Judge dated 2nd January, 2009 by which the Learned Judge had declined to stay the proceedings by the Official Liquidator on the basis that the application lacks bonafides for grant of interim stay. However, now it has been pointed out before us that the AAIFR has passed an order dated 8th July, 2005 and withdrawn its recommendations for winding up of the company. From the record of the present Appeal it appears that the winding up order was mainly passed for the dues of the custom authorities warehousing charges as well as tax charges etc. in relation thereto. It has been admitted by the Official Liquidator that the dues of the Customs department have already been paid by the company. However, even thereafter we have directed a notice to be issued to the Customs department which is stated to have been duly served and despite service nobody appears. 2. In view of these circumstances, and the order of the AAIFR dated 8th July, 2005 winding up petition cannot survive. The order is recalled. The present Appeal is disposed of. The Official Liquidator shall be entitled to recover all expenses before handing over the company to the management. The Appeal is disposed of with the above directions. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.