*1* cal.76.11.cp.285.09.918.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (Lodging) NO.76 OF 2011 IN COMPANY PETITION NO.285 OF 2009 M/s Tork Fastners (India) Pvt.Ltd.. ..Applicants -versus- The Official Liquidator of Tork Fastners (India) Pvt.Ltd.. ..Respondents -And- M/s Komef Engg. Ind.Pvt.Ltd.. ..Petitioners. ............ Mr.Nilesh S. Das, for the Petitioner. Mr.Bhavin Gada with Ms.Yogini Gada, for the Applicants. Ms.Rupa Sutar, Assistant Official Liquidator, present. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 24th November, 2011. P.C.: 1 This Company Application is preferred by the original Respondent seeking to set aside and recall the order dated 27.10.2010 passed in this Company Petition, winding up the original Respondent. 2 On the earlier occasion itself, it was clarified to the counsel appearing for the Applicant (original Respondent) that the Court cannot proceed on the basis that it has power to recall the order of winding up on merits. Such power to review that order is not available in law. 3 The learned counsel appearing for the Applicant agrees that the power that is invoked in this case is identical to one referred above. That being not permissible, he seeks to withdraw this application and it is, accordingly, allowed to be withdrawn. No order as to costs. *2* cal.76.11.cp.285.09.918.sxw 4 Needless to state that the Official Liquidator has computed the charges of the advertisement and other expenses till date and which have been incurred at the instance of the Applicant. The same will have to be borne by the Applicant. If the said charges are not remitted, the Official Liquidator is at liberty to take appropriate steps in accordance with law to recover the same including recovering the dues from the sale proceeds which have been received after disposal of the assets of the Respondent Company. (S.C. Dharmadhikari, J)