1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application No.754 of 2009 in Company Petition No.348 of 2008 Board for Industrial and Financial Reconstruction .Petitioner vs. M/s Sharda textile Mills (I) Ltd. ..Respondents and Maharashtra State Electricity Distribution Company ..Applicant vs. The Official Liquidator ..Respondent Mr.P.P.Chavan i/b M/s Little and Co. for applicant. Official Liquidator present. CORAM: S.J.KATHAWALLA J. 27th August, 2009 P.C. 1 This application is filed by the applicant under section 446 of the Companies Act, 1956 to continue the appeal being Appeal 2 No.1258 of 1997 filed on Appellate Side of this Court by the applicant against the company in liquidation by impleading the Official Liquidator as a party respondent. 2 The order in appeal has been passed in favour of the company in liquidation, in Special Civil Suit No.1773 of 1996 filed by the applicant in the Court of Civil Judge, Sr.Dn., Kalyan inter alia alleging theft of electricity by the respondent company wherein the company in liquidation has succeeded. The appeal is filed by the applicant against the said order passed in favour of the company in liquidation. The Official Liquidator informs the Court that he has no objection if leave sought by the applicant is granted. Company Application is, therefore, made absolute in terms of prayer clause (a). (S.J.KATHAWALLA J.)