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TMI Blog2009 (12) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, it has to be treated as a judgment within the meaning of the Letters Patent. It can be well stated that the order under challenge is appealable. This court is of the considered opinion that the appellant can well maintain the appeals. Under the circumstances, the contentions put forth by learned senior counsel for the first respondent are liable to be rejected and accordingly, rejected. The appeals are maintainable - O. S. A. NOS. 274 TO 277 OF 2009 - - - Dated:- 15-12-2009 - M. CHOCKALINGAM AND V. PERIYA KARUPPIAH, JJ. T. Poornam for the Appellant. T.K. Seshadri, Srinath Sridevan, C.A. Diwhan Aryaraj and R. Saravanakumar for the Respondent. Mrs. Latha for the Official Liquidator. JUDGMENT M. Chockaling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of any assets movable or immovable of the second respondent-company pending disposal of the above company applications, and on enquiry, the learned single judge has made only an interim order directing the official liquidator to investigate into the affairs of the second respondent-company who is the appellant herein, and after giving notice to the directors of the second respondent-company including the ex-directors of the first respondent-company and also after giving opportunity to the petitioning creditors, to file a report within 'a period of eight weeks from the date of receipt of the order and has also posted all the applications on September 14, 2009. 4. Pointing to paragraph 20 of the common order, whereby the learned single j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the said reliefs ; that as far as Company Application No. 1628 of 2006 is concerned, an interim injunction restraining the second respondent, who is the appellant herein, from acting through its directors, employers, agents and representatives from alienating, transferring and disposing of any assets movable or immovable of the second respondent-company was asked for ; that the appellant/second respondent-company was an independent legal entity, and the same was not ordered to be wound up ; but, the learned single judge has made a common order whereby a direction was issued to the official liquidator to investigate into the affairs of the second respondent/appellant company for which there were no reasons or circumstances available ; that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transactions which have taken place from the date of its incorporation, viz., May 28, 2004, till date and file a report to enable this court to pass final orders in the above applications. The petitioning creditor/applicant shall deposit an amount of Rs. 10,000 (rupees ten thousand only) with the official liquidator towards expenses relating to the said investigation within one week from this date. The official liquidator, after giving notice to the directors of the second respondent-company including the three ex-directors of the first respondent-company under liquidation and also after giving opportunity to the petitioning creditor, shall file his report within a period of 8 weeks from the date of receipt of a copy of this order." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iary or interlocutory judgment Most of the interlocutory orders which contain the quality of finality are clearly specified in clauses ( a ) to ( w ) of Order 43, rule 1 and have already been held by us to be judgments within the meaning of the Letters Patent and, therefore, appealable. There may also be interlocutory orders which are not covered by Order 43, rule 1 but which also possess the characteristics and trappings of finality in that, the orders may adversely affect a valuable right of the party or decide an important aspect of the trial in an ancillary proceeding. Before such an order can be a judgment, the adverse effect on the party concerned must be direct and immediate rather than indirect or remote. For instance, where the tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a judgment within the meaning of Letters Patent. The fact, however, remains that the order setting aside the ex parte decree puts the defendant to a great advantage and works serious injustice to the plaintiff because as a consequence of the order, the plaintiff has now to contest the suit and is deprived of the fruits of the decree passed in his favour. In these circumstances, therefore, the order passed by the trial Judge setting aside the ex parte decree vitally affects the valuable rights of the plaintiff and hence amounts to an interlocutory judgment and is therefore, appealable to a larger Bench." 12. From the above, it would be quite clear that so long as an order possesses the characteristics and trappings of finality in that, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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