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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 ..... or the Appellant. A. Sharan, Devashish Bharuka, Ashok K. Srivastava, Rahul Kaushik, B.K. Prasad, D.S. Mahra, Ms. Binu, Sanjay Kapur, Rajiv Kapur, Mrs. Shubhra Kapur and Ms. Arti Singh for the Respondent. JUDGMENT Dr. Arijit Pasayat, J. - Leave granted. 2. Challenge in this appeal is to the order passed by a Division Bench of the Patna High Court summarily dismissing the Company Appeal No. 4 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revival of the company. It was also mentioned that the appellant had so decided because of the change of political conditions of the State and there was scope for industrial growth. The appellant offered to pay Rs. 65.51 crores as consideration money for purchase of assets of the company in liquidation and proposed to invest Rs. 650 crores for revival of the industry. Steps were taken at vario ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Division Bench on 11-1-2007. The Company Judge proceeded with the matter and directed sale of the assets of the company in 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court in cases within its ordinary jurisdiction." 6. In Shanta Genevienve Pommerat v. Sakal Papers (P.) Ltd. AIR 1983 SC 269 it was observed by this Court that the High Court is bound to entertain the appeal against the order of the learned Single Judge who disposed of it on merit and not summarily or in limine. The position was reiterated in Smt. Arati Dutta v. Eastern Tea Estates (P.) Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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