2005 (12) TMI 294

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..... T Shiv Kumar Sharma, J. - Heard learned counsel for the parties. 2. Instant appeal impugns the order dated 28-7-2000 of the learned Company Judge whereby the appellant company was ordered to be wound up. The appellant company has challenged the winding up order mainly on the ground that the learned Company Judge should not have acted upon merely on the opinion given by the Board for Indus .....

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..... at liberty to deposit the amount with the Official Liquidator. Since the appeal is pending and the respondent No. 1 Company has already wound up, nothing remains in this writ petition. The writ petition is dismissed as having become infructuous with liberty to move application for revival of the writ petition." 4. On a close look at the said order it appears to us that in fact liberty was gra .....

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..... that the appellant company is capable or making a revival and made sincere efforts for revival during the pendency of appeal. 7. For these reasons we allow the appeal and set aside the order dated 28-7-2000 of the learned Company Judge. We remit the case to learned Company Judge with the request to decide the creditor s petition seeking winding up of the appellant-company afresh after consider .....

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