1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 358 OF 2009 IN COMPANY PETITION NO. 368 OF 2003 M/s.Sun Valley Farm Products Ltd...Applicants V/s. Board for Industrial & Financial Reconstructions (BIFR) & Anr. .. Respondents --- None for the Applicants. Official Liquidator is present. --- CORAM : S.J.KATHAWALLA J. Dated : 24th September, 2009 P.C. 1. This company application is taken out by the Applicants (Original Respondents), seeking an order of joining of the Applicants and an order of interim stay on the winding up process initiated by the Official Liquidator and also for quashing of the winding up process in view of the alleged discharge of liabilities of the company. 2 2. On 18th June,2009 this court has passed an order in the above Application which reads thus : Winding up action against the Respondent company is pending in this Court on the basis of recommendation made by BIFR in its order dated 27.10.1999. Respondent company has now asserted that all the liabilities have been cleared and there are no outstanding dues payable to either secured or unsecured creditors. The Applicant Company, if so advised, may move BIFR to point out that position so that the order dated 27.10.1999 can be recalled and/or set aside. Once that order is recalled and/or set aside, nothing would survive for consideration in the Company Petition which is pending in this Court. Counsel for the applicant seeks four weeks time to do the needful. Stand over to 23rd July, 2009. To be listed under caption  directions . 2. Thereafter, the Applicants have applied and obtained time from this court on 23rd July, 2009, 20th August, 2009 and 17th September, 2009. Today, the Applicants have remained absent. In view thereof, this company application stands dismissed with 3 liberty to the Applicants to take out an application seeking appropriate reliefs as and when necessary orders, as directed by this court by its order dated June 18, 2009 are obtained by the Applicants from BIFR. (S.J.KATHAWALLA J.)