1 cp648.09.odt ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 648 OF 2009 Ramdeo Maliram Jatia. .. Petitioner. Vs. TVC Sky Shop Ltd. .. Respondent. Mr. S.K.Shinde i/b. K.P.Mali, advocate for petitioner. Mr. S.P. Kanuga, advocate for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : FEBRUARY 24, 2011. P.C. : 1. This Company Petition was placed before the court and after the matter was argued on 20th September, 2010, the Court noted that both sides have filed suits against each other in this court, which are pending. There is one more party who is party defendant to the suit, but not party to the Petition. It is not possible to accede to the request of the parties to summon the distinct entity and call upon it to appear considering the nature of present proceedings namely, Petition for winding up. The Petitioner and the Respondent had the dealings and that is how the Petition proceeds and therefore, the third party cannot be called upon to appear. 2 cp648.09.odt 2. After having heard the learned counsel appearing for the parties at length and perusing with their assistance the Petition and annexures, so also the affidavit on record, I am of the opinion that there is bonafide defence to the demand raised by the Petitioner. There are cross suits pending in this Court. In these circumstances, this Petition cannot be entertained. Accordingly, the same is dismissed. However, the Court has not expressed any opinion either on the plea of maintainability or merits, which shall be dealt with in the pending proceedings without in any manner being influenced by the order passed in this Petition. ( S.C.DHARMADHIKARI, J. )