JUDGMENT - R.G. DESHPANDE, J.:---This is a Company Appeal by original respondents; under section 483 of the Companies Act, 1956; challenging the order dated 30th September, 1994 passed by the Single Judge of this Court in Company Petition No. 2-V of 1992 whereby the learned Single Judge of this Court admitted the Company Petition and ordered to issue advertisement which was to be published on 31st July, 1995 if in the intervening period the dispute was not settled between the parties. Needless to mention that the learned Single Judge by way of an interim arrangement appointed the parties themselves as Receiver by rotation as is directed in the order.

2. The facts of the case as alleged in the petition, in short are as under :-

3. The present appellants 2 and 3 are the husband and wife whereas respondent Madan is the real younger brother of appellant No. 2 Umesh. This is sufficient to suggest that this is a business initiated by the family members.

4. Initially both these brothers for service purposes were abroad for quite sometime. Umesh, the appellant No. 2 lost his job there and he returned back to India. However, respondent Madan continued to stay and work abroad.

5. After appellant

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