1 IN THE HIGH COURT OF BOMBAY AT GOA COMPANY APPLICATION NO. 4 of 2011 Kare Health Specialities Pvt. Ltd. ... Applicant V e r s u s Shree Gajanan Distributors ... Respondent Mr. S. D. Padiyar, Advocate for Mr. Kapil Kare. Mr. Lohia, Advocate with Mr. T. George John, Advocate for the Respondent. Coram: S.C. DHARMADHIKARI, J. Date: 7 th April, 2011. P.C.:- The Company Application is filed to recall the Order dated 16th September, 2010, admitting the winding up petition. This Court, on 16th September, 2010, has admitted the Company Petition, but deferred publication of notice for a period of two weeks to enable the respondent to pay/deposit a sum of ` 7,84,000/-. The Court observed that in the event, amount is deposited, the matter to be placed for further Orders. 2 It is in the event that deposit is not made that the advertisement was to be published in the newspapers mentioned in the said Order. 2. Learned Counsel, Mr. Padiyar appearing in support of this Application submits that ` 7,84,000/- has been deposited. The Applicant has filed a suit being Regular Civil Suit No. 325/2010/III in the Court of Additional Civil Judge Senior Division, Margao and the suit is pending. Written statement is also filed in the said suit. He submits that once this Court has granted liberty in the aforesaid terms, the Order admitting the winding up petition should be recalled. 3. On the other hand, learned Counsel, Mr. Lohia appearing on behalf of the Respondent submits that this Application is not maintainable. The Order admitting the petition has been passed and the Application is not made by the Company but by one Ex-Director, Mr. Kapil Kare. The Vakalatnama is signed by him and therefore, this should not be 3 treated as an Application by the original Respondent. Once the amount is deposited and the suit is pending, this Court should pass appropriate Order and bearing in mind that both proceedings are independent in nature. 4. Having heard learned Counsel at some length and perusing the Application and the Order passed by this Court at the stage of admission, I am of the opinion that in the peculiar facts of this case, interest of justice would be served if the amount of ` 7,84,000/-, deposited in this Court is transferred to the Court of Additional Civil Judge Senior Division, Margao to the credit of Regular Civil Suit No. 325/2010/III. The amount to be transferred by the Registry alongwith accrued interest thereon, within a period of two weeks from the date of receipt of copy of this Order. Bearing in mind that civil suit has been filed and the written statement is also presented, the Order admitting the petition has served its purpose. The Order cannot be implemented because no advertisement can be published. Once the condition precedent 4 has been satisfied and the amount being deposited, the advertisement cannot be issued. Thus, no useful purpose will be served by keeping the Company Petition pending in this Court. In the facts peculiar to this case, the said Order can be recalled. Once this view is taken, it is not necessary to deal with the objection about the Vakalatnama. 5. In such circumstances and in the peculiar facts of this case, Order admitting the winding up petition is recalled. Registry to abide by the above directions. The learned Additional Civil Judge Senior Division, Margao to endeavour and dispose of the suit as expeditiously as possible and in any event, within a period of six months from the date of the receipt of this Order. All pleas and contentions of both sides are kept open. Needless to state that, in the event, the Petitioner desires to make an Application for withdrawal of the amount deposited in the Trial Court, the Application should be dealt with by the Trial Court according on its own merits and in accordance with law. 5 6. The Application stands disposed off in above terms. The Company Petition is also disposed off. No costs. S.C. DHARMADHIKARI, J. Ev