: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1057 OF 2008 IN COMPANY PETITION NO.268 OF 1999 Mr.Sanjeev Khandelwal & Ors. ..Applicants. Vs. Shree Auto Products Ltd. & Ors. ..Respondents. Mr.J.P. Sen with Mr.F.Dubhash i/b.M/s.Desai & Diwanji for the Applicant. Mr.S.Ramakantha, Dy.Official Liquidator present. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 22ND JANUARY, 2009 22ND JANUARY, 2009 22ND JANUARY, 2009 P.C. : P.C. : P.C. : The Applicants seek an order recalling an order dated 22.2.2008 winding up the first Respondent company. 2. When the order was passed, the Respondent had not appeared. The petition was based essentially on the ground that it was just and equitable for the company to be wound up. The first Respondent is a closely held company. It was contended that it was a glorified partnership. 3. The matter has now been settled between the shareholders in terms of the consent terms signed by the parties and their Advocates. The same are taken on record and marked ‘X’. : 2 : 4. In view of the order of winding up having been passed, by an order dated 7.8.2008 the company was directed to advertise the present application in consultation with the Official Liquidator in the same newspaper in which the advertisement pursuant to the order of admission of the petition appeared. The same has been done. An affidavit proving the same is filed. The Official Liquidator also confirms the same. The Official Liquidator further confirms that no claims/objections have been received to date. 5. The company is now sought to be revieved. It is stated that in the event of the order being passed, the company will continue to carry on its business activities. 6. In the circumstances, the Company Application is made absolute in terms of prayers (a) and (b). There shall also be an order in terms of the consent terms. The costs of the Official Liquidator is fixed at Rs.15000/-. The same shall be paid by the : 3 : Applicants within four weeks from today.