Hemant Gupta, J.

1. This order shall dispose of C. A. No. 479 of 2006, filed by the respondent-company and C. A. No. 545 of 2006, filed by respondent No. 7 to seek an order to strike off the petition seeking winding up of the respondent-company.

2. The brief facts are that the present petition for winding up of respondent No. 1 company has been filed on April 5, 2006. On April 27, 2006, the notice of the petition was ordered to be issued to the respondents to show cause as to why the petition be not admitted. The alienation of the assets of the respondent-company, except in due course of the business of the company, during the pendency of the winding up petition, was ordered to be subject to the final order passed by this Court.

3. It may be noticed that earlier the petitioner has filed a civil suit (copy annexure P17), inter alia, claiming that the company as a legal entity is non est in the eyes of law. On April 27, 2006, learned Counsel for the petitioner made a statement that the civil suit shall be withdrawn within one week from the said date. The order dated April 27, 2006, reads as under:

Learned counsel for the petitioner states that he has the instructions to state