Bhaskar Bhattacharya, J. - (1.) This Letters Patent appeal is at the instance of an applicant for winding up of a company and is directed against two orders, one dated 29th March, 2006 and the other, dated 12th May, 2006 both passed by a learned Single Judge of this Court in Company Petition No. 14 of 2006, Company Application No. 60 of 2006 and T. No. 152 of 2006. By the first order dated 29th March, 2006, the learned Single Judge dismissed an application for winding up of a company on the ground that the registered office of the company having been transferred to Chandigarh from Kolkata, the winding up application was not maintainable in this Court.
(2.) The appellant having filed an application for review of the said order dated 29th March, 2006, the learned Single Judge by the latter order dated May 12, 2006 dismissed such application by affirming the earlier order dated 29th March, 2006, with specific assigned reasons.
(3.) Being dissatisfied, the present appeal has been preferred challenging both the orders along with an application under section 5 of the Limitation Act for condonation of delay. However, at the time of hearing of the appeal, it was pointed out that there was no delay in filing the appeal, inasmuch as, the certified copy of the orders impugned were not supplied to the appellant in spite of making specific application within the period of limitation. Such fact was not disputed by the learned Counsel for the respondent and as such, the appeal should be deemed to have been preferred within the period of limitation.;