Appeal under winding-up provision barred for conviction in prosecution over failure to submit statement of affairs.

Section 483 of the Companies Act, 1956 was construed as conferring appeals only from orders made in the matter of winding up, meaning matters forming part of the winding-up process itself and not proceedings merely incidental to it. The obligation to submit a statement of affairs under section 454, and a prosecution for default under section 454(5A), were treated as punitive proceedings arising out of winding up but not as part of the winding-up process. On that basis, an order convicting the accused in such a criminal prosecution was held outside section 483, and the appeal was not maintainable.

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Issues: Whether an appeal lay under section 483 of the Companies Act, 1956 against an order convicting the appellants in a prosecution under section 454(5A) of the Companies Act, 1956 for failure to submit the statement of affairs.

Analysis: Section 483 permits appeals from orders made, or decisions given, in the matter of the winding up of a company. The expression "in the matter of" was treated as confined to matters forming part of the winding-up process itself, and not extending to proceedings merely incidental to winding up. The obligation to submit a statement of affairs under section 454 and the prosecution for default under section 454(5A) were held to be punitive proceedings arising out of winding up, but not part of the winding-up process. On that reasoning, a decision in such a criminal prosecution did not fall within section 483.

Conclusion: The appeal was held not maintainable under section 483 of the Companies Act, 1956 and was rejected.

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