1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 199 OF 2009 IN COMPANY PETITION NO. 483 OF 2003 Tata Motors Limited ..Applicants versus Autoriders (India) Pvt. Ltd. & Anr. ..Respondents Mr. Avinash Joshi with Mr. Vipul Belve i/b. M/s. Mulla & Mulla & Craigie Blunt & Caroe for Applicants. Ms. S. Shaikh i/b. S. K. Srivastav & Co. for Respondents. Mr. Vishal Khanawalkar i/b. Mr. Kedar Dighe for Official Liquidator. CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 7TH JULY, 2009. P.C. : 1. The Company Application has been taken out for permission to the Applicants to withdraw the Company Petition and for discharge of the Official Liquidator who has been appointed as a Provisional Liquidator of the Respondent Company. 2. The Company Petition was admitted on 11th March 2005 by the Order of the Company Court. The Official Liquidator came to be appointed as a 2 Provisional Liquidator. 3. The Company Application was placed before this Court in terms of the roster of work since the learned Company Judge was unable to hear the matter. 4. On 4th May 2009 this Court issued a direction to the effect that the proposed withdrawal of the Company Petition should be advertised in two English newspapers. The Official Liquidator was directed to inform the Court as to whether any objections have been received. 5. Learned counsel appearing on behalf of the Applicants stated that the proposed withdrawal was published in the newspapers “Free Press Journal”, “Maharashtra Times” and in the “Afternoon - Despatch & Courier” on 26th May 2009. An Affidavit dated 9th June 2009 has been filed. The Advocate appearing on behalf of the Official Liquidator states that no objection or claim has been received. 6. In these circumstances since the proposed withdrawal of the Company Petition has been advertised and no objection or claim has been received, there is no reason why the relief that has been sought for withdrawal of the Company Petition for winding up and for the discharge of the Official 3 Liquidator should not be granted. The Application is made absolute in terms of prayer clauses (a) and (b) subject to the payment of all the costs, charges and expenses of the Official Liquidator. The dues of the Official Liquidator shall in any event be paid within a period of two weeks from today. (DR. D. Y. CHANDRACHUD, J.)