=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.462 NO.462 NO.462 OF 2004 OF 2004 OF 2004 IN IN IN COMPANY COMPANY COMPANY PETITION PETITION PETITION NO.530 OF 2002 NO.530 OF 2002 NO.530 OF 2002 M/s Vestolit GmbH and Co. KG ...Appellants v/s Vinyroyal Plasticoates Pvt.Ltd. ...Respondents Mr Kedar Wagle for Appellants. Mr D.D. Madon i/b M/s Thakore Jariwalla and Associates for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 20TH JANUARY 2009 20TH JANUARY 2009 20TH JANUARY 2009 =2= P.C. :- 1. By this appeal, the appellants challenge the order dated 12th June 2003 in company petition No.530 of 2002 passed by the learned Single Judge of this Court. By that order, the learned Single Judge has rejected the company petition filed by the petitioners seeking an order of winding up of the respondent - Company on the ground that it is unable to pay its debts. The learned Single Judge has found that the date on which the company petition was filed, the debt was barred by the law of limitation. Admittedly, even now no civil suit has been filed for recovery of debts. In view of the order of the Division Bench of this Court dated 13th September 2007 in appeal No.1095 of 2001, to which one of us (D.K. Deshmukh J.) is a party, the present appeal cannot be entertained. Appeal is dismissed with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)