P. K. Balasubramanyan, J. - (1.) Leave granted.
(2.) This appeal, as can be seen from paragraph 1 of the Petition for Special Leave to Appeal, challenges the order of the High Court of Bombay, Nagpur Bench dated 18-7-2003 whereby the Division Bench of the High Court refused to review its judgment in Company Appeal No. 3 of 2002, dated 19-9-2002 dismissing the appeal. Company Appeal No. 3 of 2002 was filed by the appellant, the legal representative of an ex-Director of M/s. Vidarbha Pharmaceuticals Private Limited, a company that went into liquidation and which was ordered to be wound up in Company Petition No. 7 of 1985 by order dated 9-11-1998. Though that appeal was against the order dated 16-8-2002 in Company Application No. 56 of 2001, the appellant attempted to challenge the earlier orders dated 7-9-2001 and 22-7-1999, passed during the winding up proceedings. By the order dated 7-9-2001, the Company Judge had dismissed the Application No. 40 of 1999 filed by the appellant for setting aside the order dated 22-7-1999 passed by him in a misfeasance application, holding that all the ex-Directors of the Company were jointly and severally liable under Section 543 (1)(a) of the Companies Act to pay to the Company an amount of Rs. 6,29,220/- with interest thereon at the rate of 18% per annum with effect from 6-10-1996 along with the costs of the proceedings. The order dated 22-7-1999 that was sought to be challenged was the order on the misfeasance application. The order dated 16-8-2002 was one by which the Company Judge rejected an application for review filed by the petitioner seeking a review of the order passed on 7-9-2001. The appeal was in time only as regards the order dated 16-8-2002 refusing to review the earlier orders in misfeasance proceedings passed by the Company Judge. The appeal was not accompanied by even an application for condoning the delay in filing the appeal as against the orders dated 7-9-2001 and 22-7-1999 even though the challenges to them were clearly barred by limitation. The Division Bench of the High Court, therefore, ordered on 19-9-2002 that the orders passed by the Company Judge on 7-9-2001 and 22-7-1999 were not amenable to scrutiny for their sustainability in the appeal filed and the appeal had to be confined to one from the order dated 16-8-2002. Thereafter, the appeal was dismissed holding that the Company Judge was justified in refusing to review the orders passed in the Misfeasance Application. The appellant then filed a petition to review the judgment in Company Appeal No. 3 of 2002. By order dated 18-7-2003, the application for review was dismissed. It is that order that is challenged in this appeal.
(3.) For the purpose of this case, we do not think it necessary to consider the question whether the appeal filed before the Division Bench under Section 483 of the Companies Act against an order refusing to review the orders on the Misfeasance Application was maintainable, the wide words of Section 483 notwithstanding (an order rejecting an application for review is not appealable even under the Code of Civil Procedure either under Order XLIII, Rule 1(w) or Order XLVII, Rule 7). We proceed on the assumption that the appeal was maintainable.;