R.V. Easwar, J.

CO. APPL. Nos.2159-2160/2013

1. One M K Mahajan and another person filed CP No.136 of 2005 seeking winding up of the respondent-company. On 16.2.2009 the learned Company Judge passed an elaborate order. Paragraphs 45 and 46 of the said order are as follows :

“45. In view of the law discussed above and by carefully analysing the facts and records relied upon by both counsels, I am of the considered view that it is just and equitable to wind up the Company and allow this petition, under Sections 433(e), Section 433(f) & 433(c) read with Section 434 and 439 of the Act.

46. I, accordingly, admit this petition and direct that the respondent company be wound up. The official liquidator attached to this Court is appointed as the liquidator in respect of the respondent company. He shall forthwith take over all the assets and records of the respondent company and proceed according to law. Citation shall be published in the ‘lStatesman’ (English) and ‘lJansatta’ (Hindi) for 16.03.2009. Petitioner may take steps accordingly.”

2. Feeling aggrieved by the aforesaid order, the respondent-company filed an appeal to the Division Bench in Co. Appeal No.19/2009. By order dated 7