1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.246 OF 2011 IN COMPANY PETITION NO.523 OF 1998 Southern Electric Corporation Petitioner and Ashutosh R. Majmudar Appliant versus Official Liquidator, High Court, Bombay Respondent Mr.R.Shah i/by G.I.Sodhi for applicant. Mr.Vipul Bilve i/by Mulla & Mulla & CBC for petitioner. Dr.T.Pandian, O.L. present. CORAM : S.J.KATHAWALLA, J. DATE : 1st July 2011 PC : 1. This application is moved by an ex-director of the respondent company seeking condonation of delay of 34 days in filing the Company Application and for setting aside the order dated 24th March 2011 passed ex-parte directing the company to be wound up. The learned advocate for the applicant informs the Court that on 24th March 2011 a validly registered reference was pending before the BIFR and therefore such an order could not have been passed. He submits that though the advocate was appointed on behalf of the company, he did not inform the company about the matter having appeared on board. The learned advocate for the petitioner informs the Court that the said order was passed only because none appeared for the company on 24th March 2011 before this Court to point out the relevant facts in the matter. In view thereof, the application is allowed in terms of prayer clauses (a) to (c) subject to the ex-director 2 paying costs of Rs.10,000/- each to the petitioner and to the Official Liquidator within a period of two weeks from today. The Company Application is accordingly disposed of. Place the company petition for directions on 20th October 2011. (S.J.KATHAWALLA, J.)