1980 (8) TMI 150

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....ar for the Respondent. JUDGMENT Malimath, J.-When this appeal came up for admission we asked the learned counsel for the appellant to explain to us as to how this appeal is maintainable. The order challenged in this appeal is made by the company judge on Company Application No. 58/80 during the pendency of proceedings for liquidation of M/s. Metro Malleable Manufacturers P. Ltd. The petition....

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....sion 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 the court in cases within its ordinary jurisdiction". Though section 483 of the Act reads as though an appeal is competent from any order or decision of the company court....

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....hanti Devi, AIR 1967 SC 1360, had held that an order which does not affect the rights and liabilities of the parties is not one which can be appealed against under section 118(1) of the Mysore Land Reforms Act. The order appealed against in the case on hand is one permitting respondent No. 1, the Canara Bank, to be impleaded as petitioner No. 2 in the winding-up petition. Merely because respondent....