1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.1041 OF 2007 IN COMPANY PETITION NO.39 OF 2004 M/s.Baba Wine Samrat .. Petitioner Vs. Ashish Sen, the authorized signatory of Bharat Distilleries Pvt. Ltd. .. Applicant And The OL of Bharat Distilleries Pvt. Ltd. .. Respondent Mr.M.L.Palan i/by Mr.C.P.Shukla for applicant. Mr.S.Ramakantha, Dy.OL is present. CORAM : S.C.DHARMADHIKARI, J. DATE : 04th July 2008 P.C. . The company in liquidation is one Bharat Distilleries Pvt. Ltd. The petitioner is seeking winding up of that Company is a wine merchant. 2. It appears that there was a secured creditor Punjab National Bank whose claim was purportedly outstanding so also that of the workers. Therefore, on earlier occasion this 2 Court directed that the OL should take steps for issuing an advertisement and inviting claims of other creditors. The company in liquidation is sought to be taken out of the same by the applicants and it was their case that there are no claims. They have settled the claim of secured creditor i.e. Punjab National bank and they are also willing to settle the claims of the workers. 3. After having perused the earlier orders and the report of the OL dated 27th June, 2008, I am satisfied that the liquidator has complied with all orders and directions of this Court. He has not received any claims although advertisement was issued in leading newspaper, in English as well as Marathi. 4. I am informed by the applicants that workers claims are settled in full. The business is continuing and even day to day creditors so also wages and salaries are being paid. The liquidator makes a statement that the workmen 3 have not lodged any claims and are satisfied with the amounts received by them. In such circumstances, all that remains is payment of the advertising charges. The liquidator to pay the sum from the funds deposited by the company. 5. Liquidator’s report is made absolute in terms of prayer clauses (a) and (b). In the light of the contentions of the liquidator’s report and earlier orders of this Court, Company Application is made absolute in terms of prayer clauses (a) and (b). 6. Company Petition is also placed on board. In light of the fact that the withdrawal is also advertised, Company Petition is allowed to be dismissed as such. Costs of liquidator quantified at Rs.10,000/- to be paid by the applicants within a period of two weeks from today. (S.C.Dharmadhikari, J)