2009 (7) TMI 759

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....for the Respondent. Deepak for the Official Liquidator. JUDGMENT D.V. Shylendra Kumar, J. - This appeal under section 483 of the Companies Act, 1956, is directed against the order dated 27-8-2008, passed by the learned Single Judge dismissing C.A. No. 697 of 2008 which was an application under section 5 of the Limitation Act and, consequently, dismissing the other two applications, viz., C.A....

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....) Ltd., now represented by the official liquidator. 3. Matter having come up for admission, we have heard Sri Madan Mohan, learned counsel for the appellant and Sri Deepak, the learned standing counsel for the official liquidator, Sri Ramanna, learned counsel for the first respondent/the petitioner in the original company petition. 4. While we find, the so called application for recalling th....

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....he company had filed the applications referred to above in the Company Petition No. 180 of 2001 [Standard Industrial Engg. Co.'s case (supra)], seeking for recalling of the original order for winding up of the company due to its inability to repay the debts. 7. The learned Single Judge noticed that the application itself was belated and while dismissed the application for condonation of delay, ....

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....he main order passed by the learned company Judge for winding up of the company had been appealed against and in the appeal it has been affirmed and, therefore, the order does not survive independently for examination. 10. Whether there is delay or not in filing such an application, it is not one provided for in law. There is no way of a person claiming to be a former director of the company, n....