BHAI BROTHERS FINANCIERS PRIVATE LIMITED Vs. ORIENTAL REFRIGERATION AND ENGG COMPANY PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under Rule 101 of the Companies (Court) Rules 1959 which has been filed by Messrs Bimal Brothers Private Limited an alleged creditor of Messrs Oriental Refrigeration & Engineering Company Private Limited. The preliminary objection which has been raised by the latter company is that the application is not maintainable as it was filed after the dismissal of C.P. No. 51 of 1969.

(2.) C.P. No. 51 of 1969 was filed by Messrs Bhai Brothers Financiers Private Limited for the winding up of the said Oriental Refrigeration and Engineering Company Private Limited. This petition was admitted on August 25, 1969. The notices were published in the Official Gazette and the two newspapers as ordered by the Court on November 25, 1969. This petition had come up before the Court on December 8, 1969 on which date the counsel for the petitioning-creditor did not appear and the petition was. therefore, adjourned to December 22, 1969. On December 22. 1969 coun- sel for the petitioning-creditor and for the Oriental Refrigeration and Engineering Company Private Limited appeared. It was stated that the petitioning-creditor had been paid and the matter the petitioner-creditor that he wanted to withdraw the petition. had been compromised. It was further stated by the counsel for Upon this statement the petitioning-creditor was permitted to withdraw the petition which was dismissed as withdrawn. Thereafter on January 6, 1970 the present application was filed under Rule 101 of the said Rules. It is stated in this application that on November 29, 1969 the applicant had sent a notice to the counsel for the said Messrs Bhai Brothers Financiers Private Limited, petitioning-creditor in C.P. No. 51 of 1969, expressing their intention to join the said winding up petition, a copy of which was demanded. The copy, it is alleged, was not supplied and the present applicant filed the application under Rule 101 of the said Rules on January 6, 1970 as stated above.

(3.) Rule 101 of the said Rules provides for substitution of creditor or contributory for original petitioner and is in these terms :