JUDGMENT - M. C. CHAGLA C. J. :

This appeal raises a rather important question as to procedure to be followed in the winding up of companies. The respondents presented a petition for winding up of the appellant company before Mr. Justice Coyajee who was the Company Judge. The petition was presented on 11-11-1955 and the learned Judge made the following endorsement.

"Accepted. Petitioners waive service. Hearing 2nd of December."

It may be pointed out that before this petition was filed the respondent company had given notice of the presentation of the petition to the appellant company and in answer to that notice the appellant company appeared before Mr. Justice Coyajee, and all that Mr, Justice Coyajees endorsement indicates is that the appellant company had waived service of the petition. On 1-12-1955 Mr. K. M. Modi, Managing Director of the appellant company, made an affidavit setting out his defence to the case sought to be made out by the petitioners for the winding up of the appellant company, and in this affidavit he raised various contentions with a view to satisfy the Court that the petition should not be proceeded with. Pursuant to the direction given by Mr. Justice Coyajee,

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