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TMI Blog2008 (2) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the Indian Railways who had made offer of Rs. 140 crores. On 12-3-2007, IA was filed by the appellant giving details of his proposal. By the impugned order the Division Bench dismissed the appeal. Though various grounds have been urged in support of the appeal, the primary ground of challenge is that such summary disposal is indefensible particularly when the appeal is a statutory appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1984 was filed before the Patna High Court in respect of Rohtas Industries Ltd. (hereinafter referred to as the company ) which purportedly had become sick. It is the case of the appellant that though efforts were made to revive, it could not materialized. Eventually the High Court started the process of disposal of the assets of the company. Appellant claiming to be representative of Bangar Grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e application by the appellant. Official Liquidator filed his response on 19-6-2006. On 25-8-2006 the matter was heard by the High Court which directed for issuance of sale notice for assets of the company. IA filed by the appellant was disposed of. The appellant s grievance is that the same was disposed of without giving any reason or even without considering the desirability of the revival. Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... however, submitted that there was no merit in the appeal as the learned Company Judge had discussed with the matter in great detail. It was also submitted that the Indian Railways have already invested huge amounts of money. 5. Section 483 of the Act reads as follows : "483. Appeals from orders. - Appeals from any order made, or decision given before the commencement of the Companies (Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trative order is appealable in terms of section 483 of the Act. 8. Above being the position, we set aside the impugned order of the High Court and remit the matter to it for fresh disposal in accordance with law. Considering the factual scenario as highlighted by the parties, we request the High Court to dispose of the appeal by the end of August, 2008. The order of status quo dated 31-8-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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