JUDGMENT : JAYANT PATEL, J. 1. The present application is preferred for the appointment of the Official Liquidator as provisional liquidator and to take charge of assets of the company and the books of accounts of the company and the applicant has also prayed to restrain the directors, officers and the servants of the company from disposing of, or transferring of and/or creating any encumbrance or alienation of the properties in any manner to the third party. 2. When the application is taken up for the further hearing it has been stated on behalf of the Official Liquidator that as per the order passed by this court in Company Petition No. 214/98 dated 27.12.1999 the Official Liquidator was appointed as provisional liquidator and final order for winding up of the company concerned is also passed by this court on 6.1.2004. 3. Under the circumstances, present application would not survive and shall stand disposed of as having become infructuous. 3.1 It is made clear that the present order shall not prejudice the right of the applicant to resort to appropriate proceedings for realisation of outstanding amounts in accordance with law or to lodge the claim before the Official Liquidator.