When the petition is called-out and taken-up for hearing, Mr. Chudgar, learned advocate, for Nanavati Associates, learned advocates for the petitioner, is present, however, Mr. V.K.Bhatt, learned advocate, whose appearance is recorded for the respondent - company, is not present.
2. OL has submitted that, according to his record, final winding-up order has been passed in Company Petition No.49 of 2003 on 20.1.2011.
3. So far as present petition is concerned, the petitioner - company has prayed for below mentioned reliefs:-
"A) The Respondent Company, namely, Migweld & Machines Limited be ordered to be wound up and under the direction of this Hon'ble Court under the provisions of the Companies Act, 1956;
B) The Official Liquidator attached to this Hon'ble Court be appointed Liquidator of the Respondent Company to take over all assets and books of accounts and the affairs of the Respondent Company under the provisions of the Companies Act, 1956".
4. In view of the submission made by OL on the strength of the order dated 20.1.2011 passed by the learned Company Court (Coram: Hon'ble Mr. Justice Anant S. Dave) in Company Petition No.49 of 2003, any further or separate order, as prayed for by the petitioner in present petition, is, now, not required to be passed and present petition stands disposed of in terms of the order dated 20.1.2011 passed in Company Petition No.49 of 2003.
4.1 It would be open to the petitioner of present petition to lodge, in accordance with law, its claim, if any, before the OL.
With the aforesaid observations and direction, present petition stands disposed of.
(K.M.Thaker, J.) kdc Top