1 23.cal.570.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (LODING) NO. 570 OF 2010 IN COMPANY PETITION NO.190 OF 2001 Capital Market Publishers India Ltd. ... Petitioner V/s. M/s.Karmen Services Pvt. Ltd. ....Applicant (org.Respondent) And The Official Liquidator of M/s.Karmen Services Pvt. Ltd. (In liquidation) ....Respondent ..... Mr.Atul G.Damle for the Applicant. Mr.Sandeep Bhagwat, Official Liquidator present. .... CORAM : S.J. VAZIFDAR, J. DATE : 15TH DECEMBER, 2010. P.C. :- 1. This is an application for setting aside the order dated 22nd June 2010, winding up the Applicant-company. 2. From the affidavit-in-support, it appears that the Respondent was not aware of the pendency of this petition. A portion of the premises of the Respondent was let out to the Petitioner. The building was in a dilapidated condition. As a result thereof, the Petitioner and the Respondent have ceased to occupy the premises where the Petitioner was 2 23.cal.570.10 sought to be served. It is averred that despite the knowledge of the fact that the premises was not in use, the petitioner was served on the said address. Further, although the affidavit of service states that the packet was refused, the acknowledgment card itself does not indicate the same clearly. In the circumstances, it is appropriate to afford the company an opportunity of defending itself. 4. The Application is, therefore, made absolute in terms of prayers (a) & (b). 5. The hearing of this petition shall be published in the same newspapers stated in the order of admission dated 14th June 2001 in terms of the draft to be settled by the Official Liquidator/Company Registrar. The costs of the advertisement shall be paid by the Respondent. The Respondent-company shall also pay the costs of Rs.25,870/- of the publication of the previous advertisement. 6. The payment of costs of the publications already effected and to be effected, shall be made on or before 15th January 2011, failing which this order shall be vacated and the order of winding up shall remain. The returnable date shall be applied after the costs are paid. -