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2006 Supreme(SC) 138

S.B.SINHA, P.K.BALASUBRAMANYAN
Avinash Hansraj Gajbhiye – Appellant
Versus
Official Liquidator, V. Pharma P. LTD. – Respondent


Judgment

P.K. Balasubramanyan, J.—1. Leave granted.

2. This appeal, as can be seen from paragraph 1 of the Petition for Special Leave to Appeal, challenges the order of the High Court of Bombay, Nagpur Bench dated 18.7.2003 whereby the Division Bench of the High Court refused to review its judgment in Company Appeal No.3 of 2002 dated 19.9.2002 dismissing the appeal. Company Appeal No.3 of 2002 was filed by the appellant, the legal representative of an ex-Director of M/s Vidarbha Pharmaceuticals Private Limited, a company that went into liquidation and which was ordered to be wound up in Company Petition No. 7 of 1985 by order dated 9.11.1998. Though that appeal was against the order dated 16.8.2002 in Company Application No. 56 of 2001, the appellant attempted to challenge the earlier orders dated 7.9.2001 and 22.7.1999, passed during the winding up proceedings. By the order dated 7.9.2001, the Company Judge had dismissed the application No. 40 of 1999 filed by the appellant for setting aside the order dated 22.7.1999 passed by him in a misfeasance application, holding that all the ex-Directors of the Company were jointly and severally liable under Section 543(1)(a) of the Companies







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