Special appeal lies only from a final judgment, not an interlocutory order in winding up proceedings.

A special appeal under the High Court Rules lies only from a judgment that finally decides the case, not from an interlocutory order in company winding up proceedings. An order that merely permits the parties to pursue a compromise before the trial court does not finally dispose of the company petition and is therefore not appealable by special appeal. The proper course is to proceed before the trial court on the compromise. The special appeal was held not maintainable.

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Issues: Whether a special appeal lay against the order passed in the company winding up proceedings.

Analysis: The order under challenge only permitted the parties to pursue a compromise before the trial court and did not finally dispose of the company petition. An appeal in winding up matters lies under section 483 of the Companies Act, 1956, and a special appeal under the High Court Rules lies only from a judgment. An interlocutory order that does not finally decide the case is not appealable as a special appeal.

Conclusion: The special appeal was not maintainable.

Final Conclusion: The court held that the impugned proceedings did not amount to a judgment finally deciding the case and that the proper course was to proceed before the trial court on the compromise.

Ratio Decidendi: A special appeal under the High Court Rules lies only from a judgment finally deciding the case and not from an interlocutory order in winding up proceedings.

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