IN THE HIGH COURT OF JUDICATURE AT PATNA COM PET No.10 of 1992 M/S MANGLAM TIMBER PRODUCTS LTD. Versus TUFFUDOR PVT. LTD. ----------- 11 18.11.2010 The winding up petition was filed on 20.11.1992 praying to wind up the opposite party company on account of its failure to make payment of principal amount of Rs.69,736.84 along with interest total of Rs.1,00,204.84 to the petitioner in spite of all efforts and legal demand made by the petitioner. A notice was also issued to the company at the initial stage but on 20.7.1993 this Court noted that no one appeared on behalf of the company despite valid service of notice. This Court also took note of the fact that the petitioner had filed Money Suit on 7.6.1991, which was pending in the Court of Subordinate Judge, Patna. It was also noted that the suit filed earlier is on the same cause of action. Accordingly, it was observed that this Court was not willing to proceed with further hearing of the winding up petition as long as the suit was kept pending. Accordingly, it was directed that if the suit was not proceeded with then the petitioner shall be at liberty to mention this matter. The matter was adjourned sine die with liberty to mention after the suit was disposed of. - 2 - For 17 long years after the order, the matter was not mentioned. On 5.8.2010 when it was listed again seeking further direction in the matter, Mr. Gautam Kejriwal, junior counsel to Mr. S.D. Sanjay, Advocate on record appeared and prayed for time to inform this Court about the present status of the Money Suit. Thereafter, the matter was adjourned on several dates to enable learned counsel for the petitioner to get in touch with the petitioner. Today, it is informed by learned counsel that he has tried to contact the petitioner company but no response has been received despite repeated attempts. In the aforesaid facts and circumstances, considering the liberty granted earlier to mention the matter either if the suit is not proceeded with or if it is disposed of, it appears that the petitioner is not at all interested in pursuing the winding up petition. The petition is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )