Tyabji, J - (1.) This petition arises out of certain complicated proceedings, seeking the compulsory winding up of the Jamnadas Nursey Ginning and Pressing Company, Limited, in liquidation.
(2.) The petition for winding up was presented on October 10, 1933. Six days later Mr. Justice Rangnekar appointed Mr. H.H. Wadia as provisional liquidator of the company. Then the matter came on twice before Mr. Justice Kania., First, on March 12, 1934, he sanctioned a proposed scheme with some modifications. It was a second time placed before him on April 16, 1934, and he then sanctioned the scheme without any modification and dismissed the petition for winding up. Mr. Justice Kania's latter order was reversed by the Court of Appeal on September 25, 1934. The Court of Appeal ordered the company to be wound up and appointed Mr. H.H. Wadia, official liquidator. On the next day, i.e., September 26, 1934, the official liquidator obtained am ex parte order from me sanctioning theappointment of Messrs. Ardeshir,, Hormusji, Dinshaw & Co. as solicitors for the official liquidator. This firm of solicitors was not previously concerned with the proceedings.
(3.) The present petition is dated October 5, 1934, and prays that my ex parte order dated September 26, 1934, should be set aside and that the petitioning- creditors attorneys should be appointed attorneys for the liquidator "in accordance with the usual practice".;