Vijender Jain, J. - (1.) THIS appeal under Section 483 of the Companies Act, 1956 (for short, 'the Act') is directed against order dated 12.10.2006 passed by the learned "Company Judge dismissing Company Application No. 479 of 2006 in Company petition No. 61 of 2006. Reported as Vinod Krishan Khanna, Amritsar Swadeshi Textile Corporation Pvt. Ltd. 2007 147 P.L.R. 391 - Editor.
(2.) THE respondents filed the aforesaid company petition for winding up of the appellant -company by invoking the provisions of Section 433(f) read with Section 439 of the Act. The learned company Judge passed an order on 27.4.2006 asking the appellant to show cause as to why the petition be not admitted. The said order reads as under: Learned Counsel for the petitioner states that he has the instructions to state that Civil Suit Annexure P. 17 will be withdrawn within one week from today. In view of the said statement, let notice of the petition be issued to the. respondents for 25.5.2006 to show cause as to why the petition be not admitted. Any alienation of any of the assets of the respondent -Company, except in due course of the business of the Company, during the pendency of the present petition, shall be subject to the final order passed by this Court. Thereafter, the respondents caused an advertisement to be published in the newspapers and one such publication appeared in 'The Tribune' dated 2.6.2006, which is as follows: PUBLIC NOTICE It is hereby brought to the notice of General Public that vide order dated 27.4.2006 passed in Company Petition 61/06 under Section 433(f) of the Companies Act for winding up the Company on 27.4.2006 by Hon'ble Mr. Justice Hemant Gupta, Judge, Punjab and Haryana High Court, Chandigarh. Re : Vinod Krishan Khanna and Ors. v. Amritsar Swadeshi Textile Corporation (P) Ltd. and Ors. it has been ordered that "any alienation of any of the assets of the respondent Company except in due course of the business of the Company, during the pendency of the present petition, shall be subject to the final order passed by this Court", Any person disregarding this notice shall do so at his own risk and responsibility. Dated : 31.5.06. Vinod Krishan Khanna Vimal Krishan Khanna 121, Race Course Road, Amritsar.
(3.) A similar advertisement also appeared in Punjab Kesari on 1.6.2006.;