1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi COMPANY APPLICATION (L) NO.778 OF 2009 IN COMPANY PETITION NO.113 OF 2009. All India Metal Corporation. .. Applicants. vs. Renaissance Corporation Ltd. .. Respondents. .... Mr. Manoj S. Mhambrey, for Applicants. Mr. H.V. Chande, for Respondents. .... CORAM : S.J.KATHAWALLA, J. DATE : 30TH JULY 2009. P.C. This application is taken out by the applicants for setting aside the ex-parte order of this Court [Coram : A.M. Khanwilkar, J.] dated 2 nd July 2009 admitting company petition no.113 of 2009 and placing the petition for admission on any date convenient to the Court. 2. In support of the application, it is pointed out on behalf of the petitioners that the petition was not served on them and that the order dated 2 nd July 2009 was passed on the basis of the affidavit of service filed on behalf of the petitioners stating therein that the 2 respondents company has refused service. It is contended that no service was attempted to be effected by the petitioners on the applicants-company and therefore, the question of refusal of service does not arise. It is further contended that if the respondent company accepted service of the statutory notice as well as notice informing them about passing of the ex-parte order dated 2 nd July 2009, there is no reason for them to refuse service of the petition. 3. The learned Advocate appearing for the petitioners submits that the affidavit of service was filed on the basis of the endorsement ‘refused’ on the packet containing the petition which was returned back by the postal authorities. 4. From the aforesaid, it appears that there had been some genuine problem / misunderstanding qua the service of the petition. The application is therefore, allowed in terms of prayer clause (a) and the petition is restored to file. 5. Place the petition for admission on 5 th August 2009. [ S.J.KATHAWALLA, J. ]