- (1.) Heard Shri P.K. Dalmia, appearing in Person and Shri Ashok Mehta learned Counsel appearing for the Official Liquidator.
(2.) This Special (Company) Appeal filed under Chapter VIII Rule v/s. of the Rules of the Court, has been filed against the judgment and orders dated 07/3/2007, 11/10/2007, 24/10/2007 and 03/1/2008 passed by the learned Company Judge as stated in the memo of appeal: Appellant appearing in person had filed an application that the appeal be confined only against the order dated 11/10/2007. By an order dated 22/11/2010, the application of the Appellant has been allowed and this appeal has been confined to order dated 11/10/2007 of the Company Judge deciding the application of the Appellant filed under Rule 164 of Company Rules, 1959 (hereinafter called the "Rules, 1959").
(3.) Brief facts of the case giving rise to this Appeal are: The Board of Directors of U.P. Cement Corporation Ltd. made a reference to the Board for Industrial and Financial Reconstruction. An opinion was given that the Sick Company was not likely to make its net worth exceed the accumulated losses. Appeals were filed before the Appellate Authority which were dismissed. This Court in Company Application No. 4/1997, passed an order on 08/12/1999 directing the U.P. State Cement Corporation Ltd. to be wound up. The Official Liquidator was directed to take possession of the assets of the Corporation and to take appropriate action in accordance with law. The Appellant, an unsecured creditor filed affidavit of proof of debt/claim as partner of Bhoj Raj Dalmia & Sons, claiming a sum of Rs. 1,72,15,360.33 for services rendered for arranging coal supplies and arranging supplies of Granulated Iron Slag delivered to the Company between 1956 to 1987. The Official Liquidator allowed only part of the claim of Rs. 3,88,464/ -. The Official Liquidator held that the interest amount was not payable. The Appellant was communicated by letter dated 08/12/2006, with regard to adjudication of claim of the Appellant. The Appellant, filed objection/appeal under Rule 164 of the Rule 1959 being Civil Misc. Application No. 243611 of 2007 dated 08/10/2007. Learned Company Judge exercising the jurisdiction under Rule 164 of the Rules, 1959 passed an order dated 11/10/2007 rejecting the Application No. 243611 of 2007 filed by the Appellant. Certain other applications were decided by the same order. The Appellant aggrieved against the order dated 11/10/2007, passed by the learned Company Judge rejecting his application has filed this Special (Company) Appeal under Chapter VIII Rule v/s. of the Rules of the Court.;