TaxTMI 
TaxTMI 
2007 (2) TMI 335
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....radeep 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, on ex parte motion, passed the following ord....
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....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 petition itself cannot be taken to be a winding up petition ....
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.... 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 of the company remain intact, so that if the orders are....
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....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, therefore, during pendency of those proceedings, the company be re....