1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 460 OF 2009 IN COMPANY PETITION NO.779 OF 2005 IN BIFR CASE NO.164 OF 1999 Maradia Somyoung Capillary Tubes Ltd. ..Applicant. V/s. The Official Liquidator. ..Respondent. Mr.D.P.Desai for applicant. Mr.M.Chandanamuthu, Dy. O.L. present. CORAM:- A.M.KHANWILKAR, J DATED :- JUNE 11, 2009. P.C.: 1. Heard Counsel for the Applicant and representative of the Official Liquidator. 2. Winding up order has been passed in Company Petition No.l779 of 2009 of 2005 against the Company in liquidation on the basis of recommendation made by BIFR dated 17th September, 2004. By this 2 application, it is placed on record that the said recommendation was subsequently set aside by AAIFR vide order dated 14th September, 2005. In other words, the basis on which the winding up action was initiated against the Company in liquidation was non-existing when the order came to be passed on 15th October, 2008. In the circumstances, it is appropriate that the order dated 15th October, 2008 is set aside and recalled forthwith. 3. Accordingly, this application succeeds in terms of prayer clause (a) and (a-1) on condition that the Applicant shall pay costs to the Official Liquidator quantified at Rs.10,000/- within one week from today. Ordered accordingly. (A.M.KHANWILKAR, J)