Ashok Bhushan, J. - (1.) Heard Shri W.H. Khan, learned Senior Advocate assisted by Shri J.H. Khan for the appellant and Shri Ashok Mehta for the respondents.
(2.) This Special Appeal under Chapter VIII Rule 5 of the High Court Rules has been filed against the judgment and order of the learned Single Judge of this Court dated 26/5/2009 deciding the Application for Correction in an earlier order dated 27/4/2007 passed by learned Single Judge in Civil Misc. Company Appeal/Objection No. 85/2007 in Company Application No. 4/97. The application has been rejected by a learned Single Judge vide its order dated 26/5/2009. The order dated 27/4/2007 was passed by learned Single Judge under Rule 164 of the Companies (Court) Rules, 1959 (hereinafter called the "Rules 1959"). In the matter of the report of the Official Liquidator, Uttar Pradesh adjudicating on the 'proof of debts' and proposing to distribute the sale proceeds of the assets of the 'U.P. State Cement Corporation Limited (in liquidation) wound up by the Court on 8/12/1999.
(3.) Shri Ashok Mehta learned counsel appearing for the respondents raised a preliminary objection regarding the maintainability of this Special Appeal under Chapter VIII Rule 5 of the High Court Rules. He submits that the order which has been impugned is an order passed in appellate proceedings before the learned Single Judge under Rule 164 of Rules, 1959 hence both the Letters Patent Appeal as well as appeal under Section 483 of the Companies Act, 1956 ("hereinafter called the Act 1956") is barred. Shri Ashok Mehta learned counsel appearing for the respondents contends that the Special Appeal against the order of learned Single Judge passed in appellate jurisdiction is not maintainable. He contends that under Chapter VIII Rule 5 of the High Court Rules the Special Appeal is barred against an order passed by learned Single Judge in exercise of appellate jurisdiction. He submits that appeal under Section 483 of the Companies Act also cannot be entertained against an order passed by learned Single Judge passed in appellate exercise of jurisdiction. He submits that Section 100-A, C.P.C. also clearly bars any further appeal after order of learned Single judge in exercise of appellate jurisdiction.;