- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 6 OF 2007 IN COMPANY APPLICATION No. 61 OF 2005 IN COMPANY PETITION No. 166 OF 2002 H. C. Gupta .. Appellant Vs. M/s. Modistone Ltd. (In Liqn.) ..Respondent Mr. Bhavesh Parmar, for the Appellant. Mr. S. A. Bhagwat, for the Official Liquidator. CORAM : D. K DESHMUKH AND Smt. R. P. SONDURBALDOTA , JJ DATED : JULY 1, 2010. P.C. : 1. On a motion mode by the learned counsel for the appellant, Company Application No. 61 of 2005 which was taken by the appellant, is permitted to be withdrawn. 2. In consequence of withdrawal of Company Application No. 61 of 2005, order dated 9th November 2006 which was made in - 2 - Company Petition No. 166 of 2002, which is challenged in the appeal does not survive for consideration, rendering this appeal infructuous. Appeal is therefore dismissed being infructuous. Sd/- Sd/- [Smt. R. P. SONDURBALDOTA , J.] [D. K DESHMUKH , J.]