ca60-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.60 OF 2011 IN COMPANY PETITION NO.364 OF 2002 M/s.Krishna Filaments Ltd .. Applicant Versus M/s.Pioneer Chemoplast Ltd .. Respondent Mr.G.N.Pandit for the applicant. Mr.Prashant Phophale i/by Sreeji & Lad for the respondent. CORAM: S.C.DHARMADHIKARI, J. DATE : 3rd MARCH 2011 P.C. . The company petition is for winding up of the respondent company. It was admitted, but the notice of admission of petition was published wayback in the year 2002 and affidavit of compliance was also filed. However, the subject petition was listed alongwith several other matters and a common order came to be passed. In these circumstances, on the account of the common order, the petition stood dismissed for want of compliance with ca60-11.doc 2 Rule 28 of the Company Court Rules, 1959. 2 Having perused the affidavit in support, I am satisfied that the procedural requirement has been complied with, may be belatedly. For this lapse on the part of the petitioner’s advocate, the petition filed for winding up cannot be dismissed. In these circumstances, the conditional order dated 28th July 2010 is recalled and set aside to the extent of the subject petition. However, the petitioner to pay costs quantified at Rs.2500/- to the respondent’s advocate within a period of two weeks from today. 3 Company application is made absolute in above terms. (S.C.DHARMADHIKARI, J)