( 1 ) ALL these petitions are filed by the petitioning Creditors under Section 433 (e) read with Section 434 of the Companies Act, 1956 for winding up of the respondent Company.

( 2 ) ON 14. 03. 2001, this Court has admitted all these petitions. However, publication of advertisement was deferred till 28. 03. 2001. The Court has observed that on that day i. e. on 28. 03. 2001, the learned advocate for the respondent Company shall come forward with the instructions regarding deferment of the publication. When all these matters were taken up for hearing regarding publication of advertisement on 16. 10. 2001, this Court has passed further order regarding advertisement and the petitions were ordered to be advertised in local daily Newspapers "indian Express" English and "jansatta" - Gujarati that final hearing was fixed on 29. 11. 2001. Advertisement in the Official Gazette was dispensed with.

( 3 ) BEING aggrieved by the said order, the respondent Company carried the matter in appeal before the Division Bench of this Court and by common order dated 18. 01. 2002 in O. J. Appeal Nos. 39 to 46 of 2001, the Division Bench of this Court permitted the respondent Company to withdraw the appeals with a liberty to approach the learned Company Judge under Rule 96 of the Companies (Court) Rules, 1956. The Division Bench has also held that the direction for publishing the advertisement would not operate till 06. 02. 2002 in light of the statement made by the learned counsel appearing for the respondent Company to the effect that the respondent Company would make an application on or before 06. 02. 2002.

( 4 ) THEREAFTER, the respondent Company has moved Company Application Nos. 30 to 37 of 2002 praying for an order directing the petitioners not to publish advertisement of the captioned Company Petitions and prayer for revocation of the order dated 16. 10. 2001. This Court vide its order dated 08. 04. 2004 has allowed all these applications and revoked the order dated 16. 10. 2001 whereby the Court has directed publication of advertisement of admission of Company Petition Nos. 59 to 66 of 1999. The Court has also recorded the request made on behalf of the learned advocate appearing for the respondent Company that the respondent Company may be permitted to urge the matter on merits even against order of admission dated 14. 03. 2001 and observed in this regard that in light of the Provisions of Rule 96 read with requirement of Form No. 48 of the Rules and the settled legal position, it was not necessary to make any order in this regard.

( 5 ) THE respondent Company thereafter filed Company Applications Nos. 125 to 134 of 2004 praying for revocation of the order dated 14. 03. 2001 and for dismissal of Company Petition Nos. 59 to 66 of 1999. The respondent Company has also prayed in the said application for stay against the further proceedings in the said Company Petitions. While disposing of the said Company applications Nos. 125 to 132 of 2004 vide its order dated 28. 07. 2004, this Court has revoked the order of admission passed in Company Petition Nos. 59 to 66 of 1999 on 14. 03. 2001 whereby all these petitions were admitted. As far as dismissal of the Company Petitions is concerned, the Court has not expressed any opinion in the said order and the said issue was kept open. The Court has permitted the parties to make their submissions before the Court at the time of hearing of the Company Petitions afresh and they were also permitted to raise all these issues including the issue regarding admission of the petitions and the office was directed to place Company Petition Nos. 59 to 66 of 1999 for hearing on admission board. It is in the above circumstances, all these Company Petitions are placed for admission hearing before this Court. Mr. R. K. Golani, learned advocate appears for the petitioners and Mr. A. S. Vakil, learned advocate appears for respondent Company in all these matters. Affidavit-in-reply was filed on behalf of the