9911796707
TMI Blog2009 (7) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... .M. Kumar, J. - This is an appeal filed under section 483 of the Companies Act, 1956 (for brevity, the Act ) against the judgment and order dated 29-5-2009 passed by the learned Company Judge, vide which the factum of admission of the Company Petition has been ordered for publication. Along with the appeal miscellaneous application bearing CMA No. 111 of 2009 has also been filed seeking condon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned finality. It was further noticed that even Hon ble the Supreme Court did not reserve any liberty for the appellant but merely recorded the fact that the Company-in-liquidation was proposing to move an application before the Company Court. Learned Company Judge also opined that it was one thing for the appellant expressing a wish to the Court that it wanted to adopt a particular course of actio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the parties, we are of the view that the issue has already attained finality. The grievance of the appellant that no hearing on merit has ever taken place cannot be redressed at such a belated stage. The appellant has been taking the proceedings at every stage in a casual manner highlighting extraordinary delay. The appellant had earlier filed Company Appeal No. 13 of 2008 challenging order of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion before the Company Judge opposing publication of the factum of admission of the petition. Accordingly, the special leave petition is dismissed as withdrawn." 6. It is, thus, evident that both orders of admission dated 26-5-2005 and order dated 7-8-2008 directing publication of factum of admission have attained finality up to the Hon ble Supreme Court. Even notice has been published in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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