Rule 7 of the Companies (Court) Rules, 1959, applies to self-operative orders and orders made by consent, and the doctrine of estoppel does not apply where there is no representation by a person to another, action by the other person based on that representation, and detriment to the interests of the person to whom the representation was made.

JUDGMENT - 1. The petitioners have filed this petition for winding up the applicant company, and the petition was accepted in the ordinary course and the usual direction for notice to the company was given. When the petition came up for admission on 24th April 1968 and for directions in regard to advertisement, the parties arrived at certain Consent Terms, a copy of which has been annexed to the affidavit filed in support of the present Summons and marked A. Under the said Consent Terms, the company agreed to pay to the petitioners an aggregate sum of Rs. 1, 50, 000/- by certain instalments which were payable on the 30th day of each month. A Consent Order was passed by the Court Terms, an instalment of Rs. 25,000/- became payable on or before the 30th August 1968. The actual amount due to the petitioners was, under the said Consent Terms, left to be decided either by agreement, or by reference to the arbitration of counsel Mr. A. B. Diwan. Clauses 4 and 5 of the Consent Terms were in the following terms:-

"4. In the event of there being a default in payment of any of the aforesaid instalments mentioned in Clause (I) above on its due date irrespective of any dispute to be resolved under Clause 2 the petition to stand admitted, with liberty to apply forthwith for consequential directions for advertisement and returnable date and the company will not oppose such application, and the said amount of Rs. 1,50,000/- or the balance remaining due at the date of the default to become payable forthwith.

5. In the event of Rs. 1,50,000/- (Rupees one lac fifty thousand only) being paid as aforesaid petition to stand dismissed with no order as to costs, irrespective of the pendency of the arbitration or otherwise". The company duly paid to the petitioners the instalments provided for in the Consent Terms upto and inclusive of the 30th of July 1968 aggregating to Rs. 1,10,000/-. As far as the instalment of Rs. 25,000/- which fell due on the 30th of August 1968 was concerned, the company forwarded to the petitioners their cheque for the said sum on that very day, but the same was dishonoured on presentation for payment by the petitioners. It is the case of the applicant Company on the present Summons that they came to know of the dishonour of the said cheque on the 5th of September 1968, and that the same was dishonoured of the said cheque on the 5th of September 1968, and that the same was dishonoured "due to inadvertence" in certain circumstance which have been set out by the company in paragraph 5 of the Affidavit in support of the present Summons. It is stated in the said paragraph that the applicant company had two accounts in the Central Bank of India Ltd., which were called Account No. 1 and Account No. 2 respectively, that the said cheque was drawn by the company on Account No. 1, that on the 31st of August 1968 the company desired to transfer a sum of Rs. 20,000/- from Account No. 2 to Account No. 1, than if that transfer was effected there would have been a sufficient balance in Account No. 1 to honour the cheque in favour of the petitioners, but that "due to oversight and inadvertence" the cheque which was intended to be drawn on Account No. 2 for the purpose of effecting the said transfer was drawn on Account No. 1, and that it was under those circumstances that the companys cheque in honoured by the non-payment. The company has stated in the Affidavit in support of his Summons that, as soon as they discovered this on the 5th of September 1968, they offered to send a pay slip of their bankers for the sum of Rs. 25,000/- to the petitioners which, however, the petitioners declined to accept. It is under those circumstances that the applicant company has taken out the present Judges Summons for condonation of the delay or default in payment of the said instalment of Rs. 25,000/- which was payable on the 30th August 1968, and for extension of time for payment of the same to such date as the Court may deem fit. In fact, the applicant-com

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