IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LETTERS PATENT APPEAL (LODG.)NO.183/2008 IN COMPANY APPLICATION NO.95/2008 IN COMPANY PETITION NO.460/2005 Regional Director Appellant Employee's State Insurance Corporation Vs. M/s Sharp Industries & Ors. Respondent Mr.R.V.Desai ,Sr.Advocate i/b H.V.Mehta advocate for appellant Mr.M.P.S.Rao i/b M/s Deven Dwarkadas & Partners ,for respondent no.1 CORAM: S.B.Mhase , & Prasanna B.Varale , J.J. DATED : August ,4 ,2008. P.C. Heard. The grievance of the appellant corporation is that they are entitled to recover amount of Rs.36,37,558/-. While framing the scheme their liability has been reduced to Rs.3,31,681/-. Therefore, they have approached the Company Court for carrying out appropriate modification . The applicant was duly served with the proceeding before the Court considering the approval of the proposed 2 scheme but he did not chose to appear in the said proceeding i.e.company petition u/s 391 of the Companies Act .The authorised representative of the applicant attended the meeting dated 10th March, 2005 and voted in favour of the scheme thereby accepting terms and conditions mentioned in the scheme . As per the company record the liability of the statutory creditor was restructured to Rs.3,71,681/-. Under these circumstances we find no substance in the appeal . Hence dismissed. (Prasanna B.Varale,J.) (S.B.Mhase, J.)