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1983 Supreme(SC) 19

D.A.DESAI, R.B.MISRA
Shanta Genevienve Pommerat – Appellant
Versus
Sakal Papers Private LTD. – Respondent


Advocates:
D.N.Mishra, F.S.NARIMAN, R.K.JAIN, R.P.BHATT

JUDGMENT:- Special leave granted.

2. Petitioners filed Company Petition No. 306 of 1980 in the High Court of Judicature at Bombay complaining about the oppression by the respondents in their management of the affairs of the 1st respondent-Company Sakal Papers Pvt. Ltd. The matter came-up before the learned Company Judge, who by his judgment and order dated 2nd/3rd Feb., 1981 dismissed the petition and directed the petitioners to pay Rs. 10,000/- as and by way of costs to the respondents. Petitioners preferred an appeal against the decision of the learned Company Judge under the Companies Act, 1956. This appeal was placed for admission before a Division Bench of the Bombay High Court and it was dismissed in limine. Appellants have preferred this appeal by special leave against the order dismissing their appeal by the Division Bench in limine.

3. As we are of the opinion that it was not open to the Division Bench of the Bombay High Court to dismiss the appeal in limine, we are at this stage not inclined to examine other contentions on merits.

4. Section 483 of the Companies Act provides that appeals from any order made, or decision given, in the matter of the winding up of company by th








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