1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.301 OF 2010 IN COMPANY PETITION NO.171 OF 2008 SSR Wine Engineers and Consultants Pvt.Ltd. .. Applicants Vs. Sawalaram Narnaram Choudhary ... Respondent Ms.Sonal i/b FF & Associates for the applicants Mr.H.V.Chande for the petitioner CORAM : S.J. VAZIFDAR, J. DATED : 14th JULY, 2010 P.C.: 1. The respondent company seeks to have an order dated 26.03.2008 set aside on the ground that it was passed ex parte. 2. There is no dispute that the respondent was served. It is only alleged that the advocate had remained absent despite his appearance having been shown on the board. There is no correspondence addressed by the respondents to the Advocate in this regard. The order has been passed on merits. The petition was advertised on 26.06.2009. This 2 application has been taken out 9 months thereafter on 17.03.2010. Apart from anything else, orders of this nature affect not merely parties to the petition but the general body of creditors who are entitled to rely upon the same. Setting aside the order would affect their rights inter alia on the ground of limitation. In view of these facts, I am not inclined to set aside the order. In view thereof, I reject the respondents/petitioners application for time to file affidavit in reply. 3. Company application is dismissed.