1999 (12) TMI 817

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.....C. Gupta for the Official Liquidator. JUDGMENT S.S. Nijjar, J. - On an application filed by the petitioners, by order dated December 7,1999, the petition was permitted to be withdrawn. The facts relating to the conduct of the company are narrated in the order dated December 7, 1999 and they need not be repeated here. The official liquidator has submitted the report dated December 13,1999. I....

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....rom any illegality. Furthermore, it is submitted that if the official liquidator's report is treated as a review petition, this court would be sitting in appeal over its own order which is not permissible in law. It is submitted by Mr. Diwan that as soon as the judge signs the order, he becomes functus officio and even if a glaring illegality or error is pointed out in the judgment, the court is h....

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....es. That being so, it will not be permissible for the petitioner to withdraw the petition as he would not have the consent of all the creditors or the contributories. In view of the above, I find that the order dated December 7, 1999, was wholly without jurisdiction. The petitioner could not have been permitted to withdraw the petition. Apart from this, it is the case of the company that the co....