2011 (3) TMI 1462

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....anies. 2. The appellant is an unsecured creditor of M/s. Triveni Engineering and Industries Ltd. (demerged company), respondent No. 1. 3. This special appeal has been filed under Chapter 8, rule 5 of the Allahabad High Court Rules, 1952 against the order dated February 18, 2011 (Triveni Engineering & Industries, In re [2011] 163 Comp. Cas. 404 (All.)), passed by the Hon'ble company judge, sitting singly, rejecting the petitioner's application for recalling the order, dated September 9, 2010, under section 391 of the Companies Act, 1956, read with rule 67 of the Companies (Court) Rules, 1959, by which directions were issued to convene the meetings of the shareholders and the creditors of the company for considering the scheme of demerg....

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....er the amended Act. 6. In the present case by the order dated February 18, 2011 ((Triveni Engineering and Industries, case (supra), under challenge the learned single judge has observed that though the appellant had a right to file a caveat under section 148A of the CPC as by rule 6 of the Companies (Court) Rules, 1959, the provisions of the Code of Civil Procedure, 1908, have been made applicable, the appellant, as unsecured creditors at the stage of chamber's summons under rule 67 of the Companies (Court) Rules, 1959, did not have any caveatable interest. He held that the order under section 391(1) does not affect the right of any person, and thus no prejudice has been caused to the appellant to challenge the order. The learned judge h....