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1994 Supreme(Kar) 219

S.B.MAJMUDAR, T.S.THAKUR
AIRWINGS PRIVATE LIMITED – Appellant
Versus
VIKTORIA AIR CARGO GMBH LANGER KORNWEG – Respondent


Advocates:
HARIKRISHNA S.HOLLA, JAYARAM NAIDU

S. B. MAJMUDAR, C. J.

( 1 ) COMMON procedural questions arise for our consideration in O. S. A. 19/93 and other Company Petitions. In Company Petitions, learned single Judge, Rajendra Babu, J. , has referred the following two questions for our decision. (1) What is the scope of enquiry or hearing. (2) The nature or contents of order and whether the usual practise of this Court when matters are admitted and interim orders are granted no detailed reasons are setforth, applicable? as the common reference order shows these questions pertain to the stage prior to admission and advertisement of the Company petition moved by the petitioning-creditor for seeking order for winding-up respondent company on the ground that the Comany is unable to pay its debts as envisaged by S. 433 (e) of the Act. In O. S. A. No. 19/93 also these procedural questions squarely arise for our consideration. Therefore, they were all heard together and are being disposed of by this common judgment.

( 2 ) THE common questions pertain to the procedure to be followed by learned Company Judge before admitting and ordering advertisement of such petition. When such company petitions are filed, whether they could be str




























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