2007 (2) TMI 335

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e learned counsel for the appellant Sri Pradeep Agarwal and Sri B.P. Singh for the respondent. 2. With the consent of the parties' counsel, the appeal is being heard finally. 3. This company appeal under section 433 of the Companies Act has been filed against the judgment and order dated 18-1-2007 passed by the learned Single Judge in company petition No. 2 of 2007. The learned Single Judge,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n question till further orders of this Court. List in the week commencing 19-2-2007." 4. Assailing the aforesaid order, the learned counsel for the appellants submitted that besides the fact that this is the final relief which has been claimed in the petition said to have been filed under section 433 of the Companies Act, the said relief could not granted even in the final stage, as the petitio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ined in the petition in question. 5. Sri B.P. Singh, in response, submitted that since the company was intending to sell out its entire property, therefore, to protect the interest of the workers, who were still litigating before the Industrial Tribunal for their back wages and where some more time is likely to be consumed, the respondent had approached this Court with a view to let the assets ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ship kindly be pleased to direct the opposite parties Nos. 1 to 4 to not sell or alienate the property of company, during matter is subjudice before learned Tribunal. (B) Any other suitable order which may be deem fit and proper in the circumstances of the case." 7. The body of the petition, in substance, contains the allegation that since the proceedings are pending before the Tribunal, the....