1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 702 OF 2005 IN COMPANY PETITION NO.660 OF 2004 ... Shimnit Infrastructures Ltd. ..Appellant v/s. Katha Meditex India Ltd. ..Respondent ... Mr.Rajiv Narula i/b Shri S.M.Khaira for the Appellant. None for the Respondent. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 13th April, 2010 P.C.: 1. By this appeal, the Appellant challenges the order dated 7th April, 2005 passed by the learned single Judge of this Court in Company Petition No.660 of 2004. By 2 that order the learned single Judge has rejected the company petition. The Company Petition was filed seeking an order for winding up of the company on the allegation that the company is not in a position to pay its debts. 2. We have heard the learned Counsel for the Appellant. None appears for the Respondent-company though served. 3. We found from the record that the learned single Judge has omitted from consideration two important aspects, (i) the letter dated 26-2-2004, which prima facie shows that the Company had admitted its liability and (ii) the fact that the cheques were given by the company for clearing the amounts, which were referred to in paragraph 13 of the petition. In our opinion, non- 3 consideration of these material aspects makes the order of the learned single Judge infirm. In our opinion, therefore, following order would meet the ends of justice. O R D E R (i) The order impugned in the Appeal is set aside. Company Petition No.660 of 2004 is remitted back to the learned single Judge for hearing and decision in accordance with law. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR, J.)