Vijender Jain, C.J. - (1.) THIS appeal has been preferred impugning the order of the learned Single Judge, dated 19.5.2005.
(2.) SENIOR counsel appearing for the appellants has contended that the learned Single Judge has not taken into consideration the prayer made in the application filed by the appellants. In this regard, he has contended that in the application, the appellants specifically demanded interest on dividend. Our attention was drawn to paras 7 and 8 of the application, which are reproduced below: 7. That as such the petitioners are filing the present application before this Hon'ble Court. It is stated that the petitioners are entitled to interest which would have accrued on the said admitted amount of Rs. 1.51 crores deposited before this Hon'ble Court, had the same amount been deposited by the respondent -company with the Central Government in compliance of the provisions of the Companies Act, 1956. 8. That this Hon'ble Court ought to direct the respondent company to pay to the petitioners the amount accrued thereon as interest for the period during which the respondent company defaulted in depositing the said amounts in compliance of the provisions of the Companies Act. Thereafter, Sh. Suri further contended that in para 9 of the application, the following prayer was made: (a) Direct the respondent company to pay interest on the said amounts for the period during which the respondent company committed defaults in depositing the unpaid interest and dividend before the Central Government in compliance of the provisions of the Companies Act.
(3.) THE other grievance of learned Counsel for the appellants is that the impugned order does not deal with the prayer as set out in the application.;