9911796707
TMI Blog1995 (7) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1956 is directed against the order dated 6.7.93 rendered by the learned Company Judge of this court in Company Petition No. 4/91. 2. Briefly stated, the facts of the case are that the respondent (who is petitioner in the company petition) filed the petition before the Company Judge under sections 433 and 434 of the aforesaid Act claiming winding up of the company. The Company Judge issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch had merited to be mortalised right at its infancy. 6. The counsel for the respondent, on the other hand, raised preliminary objection against tenability of the appeal. He contended that the appeal itself is not tenable as it is directed only against the order of admission. He had placed reliance on the order dated 13.2.1995 passed by this court in L.P.A. No. 11/80, wherein it is held as unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary objection was raised in this court on 23.6.95 as is noted in the proceedings and was reiterated before us today. 10. The learned Company Judge passed the order of admission on the prima facie conclusion as noted below : After going through the documents and considering the arguments advanced by the parties, I am of the opinion that prima facie, it is a fit case in favour of the bank be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company Judge. The merits of the matter are yet to be examined. There is yet no order or decision concerning the matter of winding up of the company one way or the other. The order does not prejudice the appellant. 12. On perusal of the order, we find that this appeal is devoid of substance. 13. In the result, we decline to interfere at this interlocutory stage and, ex-consequenti, dismiss t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
