1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO.533 OF 2008 Bijon Ray. ..Petitioner V/s. PCS Technology Ltd. ..Respondent. Ms.Deorupa De i/b. Legal Assistance for Petitioner. Mr.Vishal Kannade with Mr.Sushant Charan i/b. Shiralkar & Co. for Respondent. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 10, 2008. : OCTOBER 10, 2008. : OCTOBER 10, 2008. P.C. P.C. P.C. : : : 1. Heard Counsel for the parties. 2. This Company Petition is filed on clear misreading of the Order passed by this Court dated 7th July, 2006, in earlier Company Petition No.66 of 2006 filed by the Petitioner in respect of same cause of action. 3. Counsel for the Petitioner submits that the said order does not prevent the Petitioner to pursue remedy for winding up of the company by way of present Company Petition inspite of disposal of earlier company petition for the same cause. The argument is misplaced. It clearly overlooks the opinion recorded in paragraph 9 of the earlier order 2 that the Counsel for the Petitioner had made statement on behalf of the Petitioner that the Petitioner will accept a sum of Rs.One Lakh as full and final settlement of his claim if the Respondent company was to abide by the condition imposed by the Court in the said order. That position is restated in paragraph-12 of the Order, where it is noted that the Petitioner has restricted his claim to Rs.One Lakh only. In this view of the matter, question of entertaining second Company Petition for the same cause does not arise. Petition dismissed. 4. It will be open to the Petitioner to pursue such other remedy, as may be advised. That will be decided on its own merits in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)