Liquidation and abatement of appeal follow when the official liquidator is not impleaded within time

A company's appeal and stay application abated when it was ordered to be wound up and the official liquidator did not come on record within the prescribed time. The tribunal treated proper representation through the official liquidator as necessary for the appeal to continue, and in the absence of such impleadment the matter could not be proceeded with. The company's challenge therefore terminated for abatement, while the connected matters involving the directors were kept for later hearing.

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Issues: Whether the company's stay application and appeal survived after its winding up in the absence of impleadment by the official liquidator within the time contemplated by the procedural rules.

Analysis: The company had been ordered to be wound up, notices were issued to the official liquidator, and no appearance or impleadment followed. In the absence of the official liquidator coming on record in terms of the applicable procedural rule, the appeal could not be proceeded with.

Conclusion: The company's stay application and appeal stood abated under Rule 22 of the CEGAT (Procedure) Rules, 1982.

Final Conclusion: The company's challenge was terminated for abatement, while the connected matters of the directors were left for later hearing.

Ratio Decidendi: Where a company in liquidation is not duly represented through the official liquidator within the prescribed time, its appeal abates under the tribunal's procedural rules.

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