2009 (7) TMI 774 - HC - Companies Law

Summary

Issues:
Appeal under section 483 of the Companies Act, 1956 against the judgment and order dated 29-5-2009 regarding the admission of the Company Petition, seeking condonation of delay in filing the appeal.

Analysis:
The appeal was filed challenging the judgment and order passed by the Company Judge regarding the admission of the Company Petition. The appellant sought permission to file objections against the admission order and order of publication, but the learned Company Judge found no grounds for interference as the orders had attained finality. The Hon'ble Supreme Court did not reserve any liberty for the appellant, leading the Company Judge to dismiss the application for objections against the admission order and publication.

Analysis:
The respondent's counsel pointed out that publication had already been made in pursuance of the order dated 29-5-2009, and the issue had attained finality. The appellant's grievance of no hearing on merit taking place could not be redressed at a belated stage. The appellant had previously challenged orders in different appeals, which were dismissed due to delays, and even the Hon'ble Supreme Court did not grant any relief. Both orders regarding the admission and publication had reached finality up to the Supreme Court level.

Analysis:
Considering the finality of the orders up to the Supreme Court level and the appellant's history of delays in challenging previous orders, the High Court did not find any grounds to interfere in the Company Judge's order. The appeal was dismissed on merit, and no orders were passed on the miscellaneous applications, including the one seeking condonation of delay in filing the appeal.