- (1.) Instead of taking up the stay petition, by consent of the parties the appeal is taken up by us.
(2.) This appeal is directed against an order passed by the Hon'ble Company Judge on 28th of January, 2010 whereby the present appellant filed an application before the Hon'ble Single Judge seeking the following orders:- a) The order of winding up dated 15th January, 1981 be recalled and/or set aside and/or vacated and/or stayed permanently upon such terms and conditions as to this Hon'ble Court may deem fit and proper. b) Permanent stay of all proceedings arising out of and in connection with Company Petition No. 225 of 1970 (In re: Pandam Tea Company Limited). c) Injunction restraining the Respondent Nos. 3 and 4 from dealing with and/or disposing of and/or alienating and/or transferring and/or selling and/or parting with possession in any manner whatsoever with the assets and effects of the Pandam Tea Estate including its present and future crop and stock and store in hand except in the usual course of business until further order of this Hon'ble Court. d) Mandatory direction on the respondent Nos. 3 and 4 to file before this Hon'ble Court within 7 days from the making of the order herein complete accounts of its dealings with the assets and effects of the Pandam Tea Estate for the period the said tea estate has been in illegal occupation of the said respondents. e) An order be passed directing the applicant to make an advertisement inviting the claims of the creditors of Pandam Tea Company Limited and the same be adjudicated by the Hon'ble Court. f) Leave be given to the applicant to pay the dues of the creditors of the company (Pandam Tea Company Limited) by easy quarterly instalment until the dues are paid off. g) An order be passed directing the respondents to hand over the assets and tea estate of Pandam Tea Company Limited to the applicant on such terms and condition as the Hon'ble Court may deem fit and proper.
(3.) The facts of the case briefly are as follows:-;