1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION NO. 1084 OF 2009 IN COMPANY PETITION NO. 183 OF 2009. Satyen Chowdhury. ..Petitioner. v/s. M/s. Klassic Studios & Films Pvt. Ltd. ..Applicant/ Org. Respondent. .... Mr. P. Jaiswal, i/b. M/s. Kanga & Co., for Petitioner. Mr. Santosh Shetty, for Org.Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 8TH JANUARY 2010. P.C. This application is for recalling of the order dated 8th May 2009 admitting the above winding up petition. 2. It is the case of the applicant (respondent company) that the applicant was not served with the petition at its registered office but was served at the Mira Road address which at the relevant time was not in occupation of the applicant. The learned Advocate appearing for the original petitioner states that an attempt was made to dispatch the petition at the registered office, but the same had come returned with the endorsement "Party is 2 not there". The learned Advocate appearing for the applicant states that the said endorsement is incorrect, as at the relevant time they were very much there at the registered office and in any event, the applicant ought to have complied with Rule 28(2) of the Companies (Courts) Rules, 1959. 3. In view thereof, the order dated 8th May 2009 is set aside. The company application is disposed of. The respondent shall file their affidavit in reply on or before 14th January 2010 and forthwith forward a copy to the learned Advocate for the petitioner. 4. Place the petition for admission on 18th January 2010. [ S.J.KATHAWALLA, J. ]