(May 31, 2001) 2001 (TLS)125294

2001-DLT-94-777 :: 2001-AD (Del)-6-823

R. K. SAXENA Vs. Imperial forestry Corporation Limited

Devinder Gupta

( 1 ) THE question involved in this appeal is that whether the requirement of petition to be advertised in one of the issues of Official, gazette of. the State or Union Territory concerned, as provided in Rule 24 of the Companies (Court) rules, 1959 (hereinafter referred to as the rules") can be dispensed with.

( 2 ) THE facts in brief are that the- appellant filed a petition under sub-section (1) of Section 439 of the Companies Act, 1956 for winding up of the respondent Company. The said company. petition was admitted for hearing and a provisional liquidator was appointed on 10/6/1996. No direction was given to advertise the petition, as required under rule 24 of the Rules. Application (CA. 631/2000) was filed by the appellant for directions to advertise the petition prayinq further that while directing the petition to be advertised in a daily newspaper in English language and daily newspaper in regional language circulating in Delhi, requirement of advertising the petition in the Official Gazette be dispensed with. Learned Comp