JUDGMENT - GOKHALE H.L., J.:---Heard Mr. Andhyarujina for the appellants and Mr. Sibal for respondents Nos. 2 to 5.

2. We have gone through the impugned order. Mr. Andhyarujina submits that it is erroneous on facts as well as on law. Mr. Sibal, learned Counsel appearing for respondents Nos. 2 to 5 submits that the impugned order is primarily on facts and correct one. We are, however, of the view that there are important questions of law which are as well involved in this matter.

3. Mr. Sibal has raised a question with respect to maintainability of this appeal.

4. This appeal under section 483 of the Companies Act seeks to challenge the order dated 2nd September, 2003 passed by a learned Single Judge (Maharashtra Power Development Corporation Limited v. Dabhol Power Co.)1, 2004(Supp.) Bom.C.R. (O.O.C.J.)428 under section 10-F of the Companies Act in Company Law Board and petition initiated by the appellants under sections 397 and 398 of the Companies Act.

5. Mr. Sibal and Mr. Dwarkadas, learned Counsel appearing for the respective respondents submit that section 100-A of the Code of Civil Procedure abolishing further appeals in certain cases has come into force with effect from 1st Jul

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