((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.54 OF 2008 IN COMPANY PETITION NO.784 OF 2005 Shreeram Choudhary Applicant versus The O.L. High Court, Bombay, Liquidator of M/s.Silkon Silk Mills (Exports) Respondent Ms.Shilpa Kapil for applicant. Deputy O.L.present. CORAM : A.M.KHANWILKAR, J. DATE : 07th February 2008 PC : 1. This Court on 16th June 2007 proceeded on the assumption that the B.I.F.R. recommendation of winding-up of the respondent company has become final. However, from the material now placed on record it transpires that the recommendation of B.I.F.R. has been challenged before the A.A.I.F.R. which proceedings are still pending. Besides, the revival scheme in respect of the respondent company has been submitted before the Appellate Authority. Suffice to observe that as the basis for allowing the company petition on ((-2-)) MST 16th June 2007 is on erroneous premise, the said order will have to be recalled. 2. Hence, the order passed on 16th June 2007 is recalled and the company petition stands restored to the file to its original number. To be proceeded on its own merits after the final decision is rendered by the A.A.I.F.R.. The restored company petition be listed on 27th November 2008 under caption "directions". It will be open to the respondent company to get the said matter produced for appropriate orders in earlier point of time, if the A.A.I.F.R. proceedings are finally decided in favour of the respondent company. 3 Application disposed off on the above terms. Needless to observe that in view of this order, the Official Liquidator shall not give any effect to the earlier order passed by this Court dated 16th June 2007. (A.M.KHANWILKAR, J.)