1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO. 333 OF 2009 IN C.P.NO. 407 OF 2000 Telecon Electric Industries Ltd. Mumbai. ..Appellant Vs. Ispat Industries Ltd. Calcutta ..Respondents .... Mr.J.A.Udaipuri i/b M/s. Udaipuri and Co. for Appellant Mr.Mayur Khandeparkar along with Ms. Sapna Raichure i/b T.N.Tripathi and Co. for Respondent Ms.A.S.Pai for Official Liquidator .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 26th FEBRUARY, 2010 P.C.: 1 Heard. This Appeal is directed against the order dated 21st November, 2008 passed in Company Petition No. 407 of 2000 ordering that the appellant-Company to be wound up with immediate effect and directing the Official Liquidator to take over the assets of the said Company and to proceed in accordance with law. 2 2 The Appellant has admittedly paid the outstanding dues of Respondent No.1 along with Rs.10,000/- by way of Official Liquidator ’s charges. 3 Hence, the Appeal is allowed and the impugned order passed in Company Petition No. 407 of 2000 is hereby quashed and set aside. 4 Mrs. Pai, the learned counsel for the Official Liquidator states that the Assistant Commissioner of Sales Tax Aurangabad by his letter dated 8th February, 2010 has informed the Official Liquidator that the Sales Tax Department has to recover outstanding dues to the tune of Rs.70,73,389/- alongwith interest at Rs.10,18,318/- as on 8th February, 2010. We clarify that the Sales Tax Department would not be prevented from taking recourse to due process for recovery of the said dues from the Appellant as per law. 5 The Appellant to take appropriate steps to obtain the clearance from the Official Liquidator. [SMT.V.K.TAHILRAMANI, J.] [B.H.MARLAPALLE,J.]