1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Petition No. 520 of 2005 In the matter of Tulasee Bio Ethanol Limited Alfa Laval (India) Limited ..Petitioner Ms.Meenakshi Iyer i/b Doijode Associates for petitioner. CORAM: S.J.KATHAWALLA J. 15 th September 2009 P.C. 1 In this petition an order of winding up was passed on 22 nd June, 2007 when the respondent company had not remained present. Thereafter the respondent company took out an application being no.832 of 2009 seeking setting aside the said order of winding up dated 22 nd June, 2007. It was contended that the original petitioner had no objection if the winding up order is set aside upon payment of Rs.9,00,000/- to them in full and final settlement of their claim. In view thereof by an order dated 17 th August, 2009 2 this Court after recalling the order dated 22 nd June 2007 had ordered the respondent company to deposit an amount of Rs.9,00,000/- with the Prothonotary and Senior Master within a period of 10 days and had also directed the Liquidator to issue an advertisement in two newspapers in which the admission of the petition was advertised, stating that the order dated 22 nd June, 2007 has been recalled and the matter has been settled between the petitioner and the respondent company. Pursuant to the said order the Liquidator issued advertisement and invited claims if any from the workers, creditors of the respondent company within 14 days from the publication of the said advertisement. However, this Court is informed by the Official Liquidator that he has not received any claim from any party/creditor despite expiry of the 14 days period. 3 3 The petition is called out for hearing today when the learned Advocate appearing for the petitioner is agreeable to accept the said sum of Rs.9,00,000/- deposited with the Prothonotary and Senior Master by the respondent in full and final settlement of their claim. In view thereof the following order is passed. i) The amount of Rs.9,00,000/- deposited with the Prothonotary and Senior Master by the respondent company be handed over to the petitioner within a period of two weeks from today. ii) The company petition stands dismissed with no order as to costs. iii) The respondent company shall reimburse the actual cost of Rs.6313/- incurred by the office of the Liquidator towards the publication charges in Free Press Journal and Navshakti, Mumbai within one week from today 4 iv) The respondent company shall further pay an amount of Rs.10,000/- to the Office of the Official Liquidator towards his costs, charges and expenses within one week from today. (S.J.KATHAWALLA J.)