Lsp IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 665 OF 2005 IN COMPANY PETITION NO.1037 OF 2002 Punjab National Bank ...Applicant v/S. Silverline Technologies Ltd. ...Respondents Mr.R.P.Badrani i/b.M/s.Nagandhi Shah & Himayatullah for the petitioner. Mr. Vishwabhushan Kamba i/b.A.M.Mody for the respondents. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 17, 2008. : OCTOBER 17, 2008. : OCTOBER 17, 2008. P.C. P.C. P.C. : : : . By this application applicant/petitioner prays that they may be permitted to acquire land bearing Survey No. 326 admeasuring about 10,000/- sq. feet and structure thereon admeasuring 17015 sq. feet in satisfaction of the claim of the applicant as set out in the affidavit in support. Further relief is claimed that company be directed to execute relevant documents to complete the sale transaction. This relief could have been considered if the company petition praying for winding up of respondent company was still pending in this Court or for that matter winding up order was already passed by this Court. From the record of Company Petition No. 1037/2002 in 2 which present application has been filed, it is noticed that Company Petition stands disposed of in terms of order dated 1st October, 2003. The Registry has treated the said company petition as disposed of on the basis of the said order. In the circumstances, there is no question of entertaining the present application. The applicants are under misconception that relief claimed in the application will have to be considered in view of the observations made by my pre-decessor in Order dated 26th June,2008. The fact remains that no application has been moved to recall the order dated 1st October, 2003 and with relief that the company petition be revived and proceeded further. There is yet another company petition against the respondent company, record of which was placed before me being Company Petition No. 405 of 2003. The said Company Petition was allowed on 20th September, 2007 in terms of prayer clause (a)(b) & (f). However, the Company Petition has been later on allowed to be withdrawn by the Company Judge on 7th August,2008 which order is passed on Company Application No. 1209/2008. Suffice it to observe that as of now no company petition for winding up is pending against the respondents in the records of this Court. Besides no order of winding up has been passed against the respondent company either in the proceedings taken 3 out by the applicant or any other proceedings. If it is so, the question of entertaining present application does not arise. This application will have to be disposed of as not maintainable. Counsel for the applicant submits that in that case applicant be permitted to withdraw this application with liberty to file appropriate proceedings as may be advised. Accordingly, this application is allowed to be withdrawn with liberty as prayed. All questions in respect of proposed proceedings are left open to be decided on its own merits. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)