Ujjal Bhuyan, J.

1. Heard Mr. D.K. Mishra, learned senior counsel assisted by Mr. K. Goswami, learned counsel for the applicant and Dr. Ashok Saraf, learned Senior Counsel assisted by Mr. P. Baruah, learned counsel for the respondent. This application has been filed by the applicant, Assam Company India Limited, for dismissal of the related Company petition being Company Petition No. 29/2012 filed by the respondent Bank of New York Mellon, London Branch (formerly known as Bank of New York, London Branch).

2. The Company petition has been filed by the respondent as the petitioner under Section 433 of the Companies Act, 1956 with the principal prayer for winding up of the respondent i.e. Assam Company. India Limited (applicant herein) and appointment of the Official Liquidator attached to this Court as Liquidator of the respondent. The Company petition has been filed for winding up of the respondent (applicant herein) on the ground that it is unable to repay the dues of the bondholders whose bonds have become due for redemption. This Court by order dated 14.12.2012 issued