1995 (7) TMI 433

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....r ORDER A. R. Tiwari, J. This appeal presented under section 483 of the Companies Act, 1956 is directed against the order dated 6.7.93 rendered by the learned Company Judge of this court in Company Petition No. 4/91. 2. Briefly stated, the facts of the case are that the respondent (who is petitioner in the company petition) filed the petition before the Company Judge under sections 433....

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....pany Judge erred in admitting the petition and in exposing the appellant to litigation which had merited to be mortalised right at its infancy. 6. The counsel for the respondent, on the other hand, raised preliminary objection against tenability of the appeal. He contended that the appeal itself is not tenable as it is directed only against the order of admission. He had placed reliance on the ....

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.... or decision of the court in cases within its ordinary jurisdiction." 9. The aforesaid preliminary objection was raised in this court on 23.6.95 as is noted in the proceedings and was reiterated before us today. 10. The learned Company Judge passed the order of admission on the prima facie conclusion as noted below : "After going through the documents and considering the arguments a....