IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINA CIVIL JURISDICTION CHAMBER SUMMONS NO. 1268 OF 2006 IN SUIT NO. 2304 OF 2006 Nilesh Dedhia ......Plaintiff V. M/s Transweigh (India) Ltd. ......Defendants Mr. A.A. Kocherakar for the plaintiff None for the defendant CORAM : A.A. SAYED, J. DATE : 2ND JULY, 2009. P.C. 1 The above Chamber Summons is taken out by the plaintiff to withdraw the amount of Rs.2 lacs deposited by the defendants along with accruals, which amount is lying to the credit of the suit, pursuant to the order dated 8-6-2006 passed in Company Petition No. 22/2006 filed by the plaintiff against the defendants for winding up of the Company. 2 The defendants have admitted in their affidavit-in reply in the Company Petition that a sum of Rs. 1,70,801.04 is payable by them as on 31-3-2005. The learned Company Judge has directed the defendant- company to deposit a sum of Rs. 2 lacs and granted liberty to the petitioner to file a suit for recovery of the balance amount of outstanding is Rs. 5,46, 306.75. 3 The particulars of the claim in the suit have been claimed as Rs. 6,47,296.43 which amount is arrived at after deducting Rs. 2 lacs. 4 In the aforesaid circumstance, I see no reason why the plaintiff cannot be permitted to withdraw this amount particularly when the defendant themselves have admitted as recorded in the order dated 8-6-2006, confirming that the sum of Rs. 1,70,801.04 was outstanding as on 31-3-2005. Moreover, there is no reply on behalf of the defendants opposing the Chamber Summons. 5 Hence, the Chamber Summons is allowed in terms of prayer clause (a). The amount along with accruals, if any, is permitted to be withdrawn by the plaintiff. 6 The Chamber Summons to stand disposed of. A.A. SAYED J.