IN THE HIGH COURT OF JUDICATURE AT PATNA Company Petition No.1 of 2011 M/S K.D.Liquor & Fertilizer (P) Ltd Versus M.J.& Sons Distillery And Brew ---------------------------------- 10. 21.10.2011 I.A. No.7362 of 2011 The interlocutory application has been filed praying for leave to withdraw the company petition. It is stated that the winding up petition was filed on account of failure of respondent company to repay the loan amount of Rs. 39,00,001.00. After publication of advertisement in Form-48 and notices issued to the company, the company had appeared and agreed to pay back the aforesaid loan amount along with Rupees One Lac towards interest and expense of litigation which it has done. In the said circumstances, the petitioner prays that it may be allowed to withdraw the instant company petition. Pursuant to the advertisement, the Union Bank of India has appeared and filed an intervention petition stating that it is a secured creditor in respect of the assets and properties of the respondent company and outstanding 2 dues of the Bank towards Term Loan Account and Cash Credit Account is amounting to more than Rupees Twenty Eight Crores. However, learned counsel for the Bank submits that the Bank does not support the winding up petition and since the respondent company has paid up the loan amount, the Bank has no objection to the withdrawal of the winding up petition. In the aforesaid facts and circumstances, leave is allowed for withdrawing the winding up petition. Accordingly, Company Petition No. 01/2011 is dismissed as withdrawn. VPS ( Ramesh Kumar Datta, J.)