IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1133 of 1979 M/s.Sikri & Grover .. Plaintiff versus Nagpal Petro-Chem Limited .. Defendant ... Mr.V.M. Singh i/b Mulla & Mulla for the plaintiff. None for the defendant. CORAM : D.G. KARNIK,J. DATED : 30th June 2005. P.C.: 1. By an order dated 9th June 2005, the plaintiff was directed to furnish affidavit of its first witness by way of examination in chief on or before 16th June 2005. Affidavit is not furnished till today. 2. Learned counsel for the plaintiff states that as winding up petition against the defendant company has been admitted and that plaintiff wants to take leave of the Company Court for the purpose of proceeding with the suit, leave of the Company Court is necessary only when an order of winding up has been passed or when an Official Liquidator has been appointed as a Provisional Liquidator of the defendant Company. In the present case, only winding up petition has been admitted but Official Liquidator has not been appointed as Provisional Liquidator of the Company. As such, leave of the Company Court is not necessary. There is no excuse for non filing of an affidavit by way of examination in chief of the plaintiffs witnesses. The plaintiff or its partner are not present in the Court. There is no witness present in the Court. None is present for the defendant also. In the circumstances, suit of the plaintiff is dismissed under Order 18 Rule 3 of the Code of Civil Procedure. D.G. KARNIK, J