JUDGMENT :

P.L.N. SARMA, J.:

1. This Original Side Appeal has been preferred by the respondent in Company Petition No. 44 of 1994, challenging the order of the learned single Judge dated 11-8-1994 admitting the Company Petition and directing to cause publication of the filing of the Company Petition in two dailies, one in vernacular and the other in English. The respondents in this appeal are petitioners in the Company Petition.

2. For convenience sake, we will refer to the parties in this proceedings as the ‘Company’ and ‘Creditors’. To appreciate the point in issue, it is necessary to refer to the facts which are relevant for the purpose of this appeal. The creditors filed a Company Petition No. 44 of 1994 under Sec. 433(e) read with Sec. 439(1)(b) of the Companies Act, 1956 (for short ‘the Act’) for compulsory winding up of the company and for the appointment of Official Liquidator, as the provisional liquidator and to take charge of the affairs of the Company, on the ground that the Company failed and neglected and also unable to pay the debt due to the creditors.

3. When the Company Petition was posted for admission, the learned single Judge passed the following order, which is