Judgment

HEGDE, J.: This is an appeal by special leave. It arises from the decision of the appellate bench of the Bombay High Court in Appeal No. 113 of 1969 on its file. That appeal was directed against the order made by Kantawala, J. in Company Petition No. 100 of 1969, a petition made by the Registrar of the Companies under Section 433 of the companies Act, 1956 for winding up the appellant company. The winding up application was filed by the Registrar on August 8, 1969. In that petition notice was issued to the appellant to show cause why the petition should not be admitted and advertised. The petition was posted for hearing on September 8, 1969. The notice issued was served on the appellant on September 1, 1969. On the date of the hearing the appellant appeared through an advocate and asked for an adjournment of the proceedings. That prayer was rejected and thereafter the Company Judge passed the following order:

"Mr. Chagla for company applies for adjournment with a view to approach the Government. This petition is filed by the Registrar after the Central Government heard the Company so it is not necessary to adjourn it on this ground.

P. C. Petition admitted to be advertised in