Dmt 1 nm3181-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3181 OF 2011 IN APPEAL NO. 513 OF 2007 IN COMPANY PETITION NO. 726 OF 1998 M/s. Motwani Builders Pvt. Ltd. .. Appellants. versus M/s. Kunal & Co. .. Respondent. ..... Mr. J.P. Sen with Mr. Murtuza Federal i/by Federal & Rashmikant for the Appellants. None for the Respondent. ...... Dmt 2 nm3181-11 CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 21 October 2011. P.C. : The request in the notice of motion is for extending time for filing order dated 3 November 2009 passed by the Supreme Court in Special Leave Petition No. 11715 of 2009 with the Registrar of Companies. A Division Bench of this Court had confirmed the order of winding up passed by a Single Judge. However, in appeal before the Supreme Court the parties arrived at a settlement and the order of winding up was set aside. There was a delay in lodging the order before the Registrar of Companies. When the applicants moved the Supreme Court an order was passed on 26 September 2011 stating that inter locutory applications are not maintainable and if so advised the Petitioner may move by way of appropriate proceedings before a competent Court or authority. The same principle must apply to these proceedings as such. Dmt 3 nm3181-11 2. Accordingly, we dismiss the motion leaving it open to the Appellants to pursue proceedings before appropriate Court or Authority. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)