: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY PETITION (L) NO.977 OF 2008 Mr.Manikchand Surana ..Petitioner. Vs. The Official Liquidator & Ors. ..Respondents. Mr.Dinkar Patil for the Petitioner. None for the Respondents. CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, CORAM : S.J. VAZIFDAR, DATED : DATED : DATED : 20TH FEBRUARY, 2009 20TH FEBRUARY, 2009 20TH FEBRUARY, 2009 P.C. : P.C. : P.C. : 1. The objection raised by the office is well founded. There is not even a statutory notice in respect of this winding up petition. 2. Fortunately, the petitioner is not without a remedy. It is stated that the company was ordered to be wound up. However in Company Application No.547 of 2008 in Company Petition No.59 of 1984, the majority of the shareholders of the company who were applicants therein were allowed to continue the business in the company in the name of the company. This however was subject to their undertaking to pay any claim, if any, made and which cannot be satisfied from the amount lying with the Official : 2 : Liquidator, to the credit of the company. 3. At present, the Petitioner must therefore first approach the Official Liquidator for the payment of his dues. In the event of the Petitioner’s dues not being paid, he is always at liberty to take out a Company Application for enforcement of his rights, if any, in Company Application No.547 of 2008 in Company Petition No.59 of 1984. 4. In the circumstances, the Company Petition is dismissed, subject to the above.