- (1.) THIS is an appeal by one Ramesh Chandra against the orders of the learned company Judge dated 12-2-1962 and 19-2-1962.
(2.) THE facts giving rise to this appeal are that on the 7th of October, 1960, Shri basti Ram, respondent No. ?. , filed an application for winding up the Company known as "chopasni Ice, Aerated Water and "oil Mills Ltd. , jodhpur. " That application came up for hearing on 1st February, 1961, but it could not be disposed of on that date and the hearing was adjourned to 13th March 1961. On that date, an adjournment was again sought by one of the opposite parties. Learned counsel for the Company submitted before the Court that he had no objection to the adjournment being given, provided the Company was permitted to lease out the factory. Counsel for the petitioner and the learned Deputy Government Advocate, who appeared for the Rajas-than Electricity Board, Jaipur, (one of the creditors) also expressed no objection to the adjournment and the factory being leased out, provided the terms of the lease were approved by the court. On these representations, the learned Judge passed the following order -"permission be granted to lease the factory on the above condition. "
(3.) THEREAFTER, the Managing Director of the Company Shri Amar Datt Vyas submitted terms and conditions of the lease. On the 9th May, 1961, the learned judge passed an order that since no objection was made regarding the application presented by the Managing Director, the terms of the proposed lease were approved.;