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TMI Blog1983 (1) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... s judgment and order dated February 2 and 3, 1981, dismissed the petition and directed the petitioners to pay Rs. 10,000 as and by way of costs to the respondents. Petitioners preferred an appeal against the decision of the learned company judge under the Companies Act, 1956. This appeal was placed for admission before a Division Bench of the Bombay High Court and it was dismissed in limine. Appellants have preferred this appeal by special leave against the order dismissing their appeal by the Division Bench in limine. As we are of the opinion that it was not open to the Division Bench of the Bombay High Court to dismiss the appeal in limine, we are at this stage not inclined to examine other contentions on merits. Section 483 of the Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Courts subordinate to that High Court in pursuance of sub-section (2)"..... Section 483 confers the right to appeal and the forum for the same in respect of any order made or decision given, in the matter of the winding up of a company by the High Court having jurisdiction in the matter. The appeal shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which, appeals lie from any order or decision of the court in cases within its ordinary jurisdiction. Now, an order under sections 397, 398 and 403 of the Companies Act, 1956, on the face of it, cannot be said to be an order made or a decision given, in the matter of the winding up of a company. Relief, undoubtedly, under section 397 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present appeal. Accordingly, this appeal must succeed on this limited ground. We, accordingly, allow this appeal and set aside the order dismissing the appeal preferred by the present appellants in limine by the Division Bench of the Bombay High Court and remit the case to the appellate Bench for disposal of the same according to law. In other words, the appeal shall not come up for admission but shall be fixed for hearing on merits and be disposed of, according to law, as expeditiously as possible. There shall be no order as to costs of hearing of the appeal in this court. Mr. R. K. Jain, learned counsel for the appellants, urged that this court should make some order of interim nature. As we have disposed of the matter on a preliminar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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