ANIL KUMAR SACHDEVA Vs. FOUR A ASBESTOS PRIVATE LIMITED

JUDGEMENT

(1.) M/s. Four 'A' Asbestos Private Ltd., (hereinafter referred to as the 'company'" was ordered to be wound up by the order of Kapur, J., dated November 22, 1976 in CP. 33/76. This order was passed ex parte because there was no appearance on behalf of the company.

(2.) These two applications have been filed, purportedly on behalf of the company, but signed by Shri R. P. Khanna one of the Directors of the company. C.A, 644/77 has been filed under Section 466 (wrongly mentioned as under Section 446) of the Companies Act while C.A. 645/77 has been filed under Section 151 of the Code of Civil Procedure read with Rule 9 of the Companies (Court) Rules. By the former application the applicant seeks stay of the winding up proceedings before the Ofiicial Liquidator till the disposal of the latter application which is for setting aside the winding uprder passed by this Court.

(3.) The applications are opposed on several grounds but at the present moment I am concerned only with the preliminary objection which has been raised on behalf of the petitioning creditor and Official Liquidator that the application for setting aside the ex parte winding up order is not maintainable.