1970 (3) TMI 80

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..... decision of the appellate Bench of the Bombay High Court in Appeal No. 113 of 1969 on its file. That appeal was directed against the order made by Kantawala J. in Company Petition No. 100 of 1969, a petition made by the Registrar of Companies under section 433 of the Companies Act, 1956, for winding up the appellant company. The winding up application was filed by the Registrar on August 8, 1969. .....

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..... . Advertisement to appear on or before 29th September, 1969. Petition on board on 27th October, 1969". The appellant appealed against that decision. The appeal came up before K. K. Desai and Vaidya JJ. on September 12, 1969. The learned judges summarily dismissed the appeal. Thereafter the appellant orally applied for leave to appeal to the Supreme Court. That application was rejected with these .....

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..... ppealable order under section 202 of the Indian Companies Act, 1913, a provision similar to section 483 of the present Act, came up for consideration before a Division Bench of the Bombay High Court in Western India Theatres Ltd. v. Ishwarbhai Somabhai Patel [1959] 29 Comp. Cas. 133 ; ILR [1959] Bom. 295 ; AIR 1959 Bom. 386. That court held that the order in question is appealable. That decision w .....

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..... ellate Bench of the High Court was not competent to summarily dismiss the appeal, we have not thought it necessary to go into the other contentions advanced on its behalf. Chapter XLII of the Bombay High Court Rules provides for appeals to. the appellate court. Rule 965 thereof prescribes the form of memorandum of appeal. Rule 966 prescribes what documents should be filed along with the memorandu .....

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..... te Bench erred in summarily dismissing the appeal. It was bound to entertain the appeal and dispose of the same on merits. For the reason mentioned above we allow this appeal, set aside the order of the appellate Bench and send the case back to the appellate Bench for disposal of the same in accordance with law. In the circumstances of the case, we make no order as to costs in this appeal.
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