- (1.) Heard Sri V. Giri, Senior Advocate assisted by Sri Akhilesh Kalra as well as Sri Gautam Awasthi, Sri Avinash Chandra, Sri Amith Krishnan, Sri Ram Sajan Yadav, Sri Omendra Pratap and Ms. Garima Chauhan for the appellants/applicants and Sri Prashant Chandra, Senior Advocate assisted by Sri Pratiyush Kumar, Ms. Neha Rashmi and Sri Amal Rastogi for respondent No.1, Sri Savitra Varadhan Singh for respondent No.2-Registrar of Companies and Sri Shailendra Srivastava for respondent No.3-Official Liquidator.
(2.) In a winding-up petition filed by the Reserve Bank of India (RBI) against M/s Sahara India Financial Corporation Limited (SIFCL) under Section 45-MC of Reserve Bank of India Act, 1934 (RBI Act), the learned Company Judge vide order dated 15.2.2015 was satisfied that a case on all the four grounds of Section 45MC-1 of the RBI Act is made out against the appellant No.1-Company and passed a detailed order. Paras 73 to 76 of the order read as under:- "73. In view of aforesaid, a case for advertising the petition in accordance with Rule 24 of the Companies (Court) Rules, 1959 is made out. Hence, petitioner RBI is directed to advertise the petition in accordance with Rule 24 of the Companies (Court) Rules, 1959. The notice of the petition be advertised as per rules in two newspapers namely 'Hindustan Times' in English and in "Hindustan' in Hindi in their Lucknow editions. The petition shall also be published in the official gazette of the State fixing 02.04.2019 as the next date of hearing of the petition. The petitioner shall also file an affidavit of service in compliance of the aforesaid directions by the next date fixed. 74. Looking into the aforesaid facts and circumstances of the case, to preserve the assets of the company, the Official Liquidator attached to this Court is appointed Liquidator provisionally of Sahara India Financial Corporation Limited (SIFCL) together with all its assets, papers, books of accounts, documents and files etc. He is directed to proceed forthwith and take charge of all properties and effects of the company and its management. SIFCL and officers of SIFCL/all persons concerned are restrained from operating any bank account of SIFCL and its funds without leave of this Court till Official Liquidator takes charge. SIFCL is directed to fully co-operate with the Official Liquidator in smooth and immediate handover, as directed above. 75. List this case on 02.04.2019. 76. A copy of this order shall be supplied by office immediately to the Official Liquidator of this Court as well as the Senior Registrar of this Court without any costs."
(3.) The appellant-Company aggrieved by the aforesaid order has filed this Company Appeal/Special Appeal under Section 483 of the Companies Act, 1956 read with Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 on 25.2.2019.;