Siddharth Mridul, J.

1. The present Appeal assails the Order of the learned Company Judge dated 7th November, 2008 whereby the application of the Appellant being C.A. No. 385/2007 was dismissed.

2. The facts as are relevant for the disposal of the present Appeal are as follows:

(a) The Company in liquidation, Respondent No. 1 herein, filed a reference under Section 15(1) of SICA before BIFR being Case No. 62/1989. The BIFR after conducting an enquiry under Section 16 of SICA concluded that it would be just, equitable and in the public interest that the Company in liquidation is wound up under Section 20 of SICA vide order dated 13th January, 1998. The Appeal filed against the said final order of BIFR was dismissed by AAIFR on 28th May, 1999.

(b) A Company Petition being C.P. No. 25/1998 was registered in this Court in terms of the order dated 13th January, 1998 passed by the BIFR. Further, a winding up petition was also filed by M/s Rameshwar Dass Devi Dayal against the Company in liquidation being C.P. No. 428/2002. Vide its order dated 13th September, 2004, the said winding up petition was admitted by this Court and a Provisional Liquidator was appointed. This Court vide orde