1959 (7) TMI 35

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the Respondent. JUDGMENT C.P. Sinha, CJ. - This appeal has been filed by the appellant against an order dated September 4, 1958, passed by Mr. Justice Mehrotra, the company judge, in the course of the winding up proceeding of the company known as M/s. N.K. Bhattacharjee and Sons (Private) Limited. This winding up proceeding was started at the instance of a creditor. In pursuance of an order o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt by a letter of the official liquidator dated June 10, 1958, and by a letter dated June 13, 1958, the respondent acknowledged acceptance of his offer and enclosed a cheque for Rs. 10,000 towards part payment of the consideration. An application was filed by the appellant on June 12, 1958, for reconsideration of the matter and for an order that the property may be sold to the appellant for a sum ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....een time-barred. The relevant provision of the Companies Act, 1956, is section 483 which provides for appeal in the following terms : "Appeals from any order made, or decision given, in the matter of the winding up of a company by the court, shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which, appeals lie from any order or decision of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re, they were not entitled to file an appeal. To the like effect is the case of Motilal Kanji and Co. v. Natvarlal M. Jhaveri [1932] 2 Comp. Cas. 64 . In that case also it was held that a person who was not a party to the winding up proceeding, but who was merely the propounder of a certain scheme, was not entitled to appeal. On the other hand, Mr. Ghose, the learned counsel on behalf of the appe....