1970 (12) TMI 60

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.... leasehold rights of the Golcha Properties (P.) Ltd. (in liquidation) in the land belonging to the appellant. The facts briefly are that on November 5, 1960, an agreement was entered into between the appellant and the respondent-company allowing Golcha Properties (P.) Ltd. to construct a cinema theatre within three years from the issue of the "no objection certificate" on land measuring 42,900 sq. feet at Bhagwandas Road, Jaipur, belonging to the appellant. The company deposited a sum of Rs. 5 lakhs by way of security. In October, 1963, no objection certificate is stated to have been issued for construction of a cinema theatre. In 1966 a petition for winding up of the company was filed in the Rajasthan High Court. On May 10, 1968, an ord....

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....fter taking inspection of the record in the High Court. The certified copy was sent on April 24, 1970. On the same date the appellant filed an appeal before the High Court. The High Court rejected that application summarily but recorded a short order. In the order of the High Court reference has been made to rule 139 of the Companies (Court) Rules, 1959, and it has been pointed out that, since the appellant had not appeared before the company judge, she was not entitled to maintain the appeal. It was conceded that no notice had ever been sent to her either by the official liquidator or the company judge before the order appealed against relating to appellant's property was made. The High Court was of the view that the only remedy of the ....

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....n to file a suit which would involve long and cumbersome procedure when an order has been made directly affecting that party and redress can be had by filing an appeal which is permitted by law. It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the appellate court and such leave should be granted if he would be prejudicially affected by the judgment. Rule 103 of the Companies (Court) Rules, 1959, provides for taking out summons for directions not only with reference to the settlement of the list of contributories and the list of creditors but also the exercise by the official liquidator of all or any of the powers under section 457(1) and any other matter requiring directions of the co....