mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.182 OF 2009 IN Company Application No. 150 of 2009 in Company Petition NO. 948 OF 1997 Indian Oil Corporation Ltd. ..Appellant vs. 1 The Official Liquidator, High Court Bombay and another ..Respondents Mr.Gaurav Joshi i/b M/s Sarkar and Sarkar for appellant Mrs.A.S.Pai for Official Liqauidator. CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : NOVEMBER 19, 2009 P.C. 1 Heard. 2 Leave to delete respondent no.2. 3 This appeal is directed against the order of the learned Single Judge dated 6th February, 2009 in Company Application No.150 of 2009 in Company Petition No. 948 of 1997. The appellant (original applicant) has preferred an application under section 446 of the Companies Act, for getting leave to continue with the pending suit filed against the company in liquidation being Civil Suit No.11 of 2000 pending before the Madras High Court. The learned single Judge was of the opinion that it is not in the interest of the applicant to proceed with the suit instead the company can lodge its claim before the Liquidator. The learned Counsel appearing for the appellant submitted that the suit of the appellant is pending since nine years before Madras High Court and it is likely to be over within a short period as it is riped for hearing. Considering the facts and circumstances of the case, in our view, it would be just and proper to permit the present appellant to continue with the said suit with a rider that in case the decree is passed in favour of the present appellant the same should not be executed against the company in liquidation without leave of this Court in the winding up petition. Subject to what is stated hereinabove, the present appeal is allowed. There shall be no order as to costs. ( R.C.CHAVAN, J. ) (P.B.MAJMUDAR, J.)