1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 403 OF 2011 IN COMPANY PETITION NO. 363 OF 2010 B.I.F.R. ` .. PETITIONER AND SHHARAD SINGHANIA .. APPLICANT Vs. THE OFFICIAL LIQUIDATOR OF M/s. INTERNATIONAL KNITTING LTD. (In Liqn.) .. RESPONDENT Mr. C. N. Mehta for the Applicant Mrs. Rupa Surve, Asstt. O.L. CORAM: S. C. DHARMADHIKARI, J. DATED: 20/10/2011 P.C. The petition for winding up has been entertained on the basis of recommendation by the B.I.F.R. The petition was treated as a petition for winding up on the basis of this recommendation and 2 finding that thereafter there was no response from the company an order of winding up has been passed by this court. 2. Mr. Mehta learned counsel appearing on behalf of the company /applicant states that when this court passed an order on 16/7/2009 for winding up of the respondent/applicant, there was no notice in terms of Rule 28 of the Company Rules 1959. In these circumstances the company was unable to place before the court anything and particularly the documents to show that the claims of secured creditors have been settled and, therefore, the company could not be wound up. 3. It is stated that against the order of the winding up of the company an appeal was preferred before the Division Bench which though revived, after dismissed for default, has now become infructuous because of the order of winding up. Therefore, even that is withdrawn and now all that remains is this application. 4. Considering that Mr. Mehta appearing for the applicant seeks time to produce the documents which would evidence settlement of the claim of the secured creditors and with future opportunity to the 3 respondent to settle other claims, if found due and payable, in the larger interest of justice, the order dated 16/7/2009 is recalled and set aside. Company Petition No. 448 of 2003 shall stand revived and restored to the file of this court. However, the Official Liquidator shall stand appointed as a provisional liquidator of this company and will continue to hold charge until final orders are passed in the main company petition. 5. Place this company petition for hearing and final disposal as per its turn after four weeks. (S. C. DHARMADHIKARI, J.)