INDERMEET KAUR, J. (Oral)

Co. Application No. 143/2012

1. This is an application filed by the petitioning creditor seeking appointment of a provisional liquidator.

2. The present petition had been filed under Section 433 (e) & (f) read with Sections 434 and 439 of the Companies Act; the petitioning creditor is M/s ESPN Software (India) Ltd.; it had succeeded in satisfying the Court that the respondent is unable to pay its debts within the meaning of Section 433 (e) of the Act; Company Petition had been admitted on 02.03.2009; a provisional liquidator had also been appointed. Admittedly this Company Petition was unaccompanied by any separate application for appointment of a provisional liquidator.

3. The respondent company was aggrieved by the order dated 02.03.2009. It had preferred an appeal before the Division Bench. The Division Bench had inter-alia recorded the following order:-

“6. After hearing the learned counsel for the parties, we are not inclined to interfere with the impugned order dated 2March 2009 insofar as it admits the company petition. Suffice it to state that the learned Company Judge has taken into consideration various aspects of the matter and concluded the