ASN 1 App-104.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.104 OF 2011 IN COMPANY PETITION NO.211 OF 2010 Donear Synthetics Pvt. Ltd. ..Appellants. Vs. Nirjay Securities Pvt. Ltd. ..Respondents. Mr. Venkatesh Dhond i/by Shah Legal for the Appellant. Mr.Vivek with Sneha Nanandkar i/by Vivek Kantawala & Co. for the Respondents. CORAM : MOHIT S. SHAH, C.J. AND S.J. VAZIFDAR, J. Friday, 11 th February, 2011 PC : Heard learned counsel for the parties. The view taken by the learned Trial Judge that the wording of petition cannot be entertained as the petitioner has filed a suit against the respondent company invoking Order XXXVII of the Code of Civil Procedure, 1908 does not commend to us. We accordingly, set aside the order dated 7th January, 2011 and remand the company petition to the learned Trial Company Judge to decide Company Petition No.211 of 2010 in accordance with law, on merits. The appeal stands disposed of accordingly. CHIEF JUSTICE S.J. VAZIFDAR, J.