R.V. Easwar, J.

CO. APPL. No.1261/2007

1. This is an application filed by one Anand Krishna Johari (“the applicant”) under Rule 6 read with Rule 9 of the Companies (Court) Rules, 1995 seeking setting aside of the order dated 14.09.2005 passed by this Court directing the final winding-up of the company, M/s. Cyber Space Ltd. (“the company”).

2. The application came to be filed in these circumstances. A winding-up petition in CP 354/2001 was filed by the Registrar of Companies (ROC) under Section 433 (f) and (e) of the Companies Act, 1956 seeking winding-up of the aforesaid company. It is not necessary to delve in detail into the circumstances which prompted the ROC to file the winding-up petition; suffice to note that it was based on the report of the Central Bureau of Investigation which carried out searches and investigation into the affairs of the company and came to the conclusion that the company had misappropriated monies belonging to several investors aggregating to Rs.11.46 crores. The winding-up petition was admitted by this Court by order dated 12.10.2004; this Court found from the averments made in the petition that it was prima facie satisfied that the petitioner