Judgment:
1. Heard learned counsel for the appellant.
2. Appellant is in appeal against the order of the learned Single Judge dated 20.08.2010, whereby a preliminary objection raised on behalf of the appellant based on the judgment of the Gujarat High Court in Kotak Mahindra Bank Ltd v. Official Liquidator of M/s. APS Star Industries Ltd and Others [2009 (2) Bankers' Journal 755] was distinguished by holding that the respondents herein could maintain the winding up petition.
3. The appellants were indebted to the State Bank of India who had obtained a certificate in their favour from DRT which was assigned in favour of M/s Kotak Mahindra Bank Ltd upon which they have filed winding up petition.
4. The issue of assigning all debts and the judgment of the Gujarat High Court has been resolved by the Supreme Court in ICICI Bank Limited Versus Official Liquidator of APS Star Industries Ltd. & Ors. decided on 30th September, 2010.
5. Considering the judgment of the Supreme Court, the objection as raised by the appellant no longer survives and the appeal as filed is not maintainable. Appeal is accordingly dismissed.