1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.304 OF 2010 IN COMPANY PETITION NO.728 OF 2000 Bank of Maharashtra .. Petitioners Vs. Asset Reconstruction Company (I) Ltd. ... Applicants And Official Liquidator & Ors. .. Respondents Mr.V.V.Pai for the applicant / org.respondent nos.2 to 6 Ms.Smita R. Lad i/b M/s.Apex Law Partners for the org.applicants in petition Dr.T.Pandian, Dy.Official Liquidator present CORAM : S.J. VAZIFDAR, J. DATED : 14th JULY, 2010 P.C.: 1. The applicant seeks to set aside the order dated 21.01.2010 passed in Company Application No.1338 of 2009 taken out by Asset Reconstruction Company (I) Ltd. By that order the Asset Reconstruction Company (I) Ltd. is directed to appear before the Official Liquidator with the necessary papers in support of its claim that the property mentioned therein is mortgaged to it by the respondent company. The Liquidator is directed to submit a report thereafter. 2 2. Thus, the rights of Asset Reconstruction Company (I) Ltd. have not been determined. In fact by an order dated 13.1.10 the Company Petition itself has been dismissed for non prosecution. Even assuming that this order stands, it will be necessary for the Official Liquidator to make a report in the event of the company having to decide as to the manner of returning the properties. 3. The present applicants are always at liberty to appear and make submissions on the Official Liquidator report to be filed. The Official Liquidator shall serve a copy of the report also on the applicants. 4. With the above clarification, the company application is disposed of.