- (1.) This application has been filed by one R.D.B. Textiles Ltd. inter alia praying for following orders:- (a) Leave be granted to the petitioner to make the instant application; (b) The Order dated 29th July, 2005 as corrected on 2nd September, 2005 passed by Their Lordship the Hon'ble Justice Pinaki Chandra Ghose and the Hon'ble Justice Narayan Chandra Sil and the Order dated 8th May, 2006 passed by Their Lordships the Hon'ble Justice Pinaki Chandra Ghose and the Hon'ble Justice Tapan Kumar Dutt be corrected in the manner as stated hereinabove; (c) Stay of the operation of the said orders dated 29th July 2006, 2nd September 2005 and 8th May, 2006 in so far as the same records dismissal of the above appeal; (d) Ad-interim Orders in terms of the prayers above; (e) Such further and/or other order or orders be passed and/or direction or direction be given as to this Hon'ble Court may deem fit and proper; The facts leads to file this application are as follows:- On or about May, 1987, an application was filed before this Hon'ble Court being Company Petition No. 253 of 1987 by one Ladhuram Shree Kumar, a partnership firm for winding up of the Victoria Jute Company Limited (hereinafter referred to as "the said company"). The said company petition was admitted by an order dated 7th September, 1987.
(2.) On 16th February, 1988 a final order was passed in the said company petition directing for winding up of the said company. The Official Liquidator was directed to take possession of the said company. Subsequent thereto, the said order was stayed till 22nd February, 1988. An appeal was preferred by the said company being Appeal No. 98 of 1988. The Hon'ble Division Bench of this Hon'ble Court on 24th February, 1988 was pleased to pass an ad-interim order granting unconditional stay of the of the said order for a week and thereafter a conditional order for stay was granted for a further period of two weeks. It appears that the said order of stay was subsequently extended from time to time.
(3.) It further appears that the said order of stay was vacated by an order dated 12th September, 1988. Since the appellant failed to fulfill the conditions imposed by the Hon'ble Court.;