The short question that arises in this appeal is whether the company court can order winding up of a company without ordering the petition to be advertised.

2. The appellant is a company. A petition was filed by two shareholders for winding up of the company under section 433 of the Companies Act, 1956 before the company court. The company court (learned single judge) by the impugned order:

(a) admitted the petition;

(b) directed the company to be wound up;

(c) appointed the official liquidator and directed him to take charge of the assets and records of the company and proceed in accordance with law and

(d) directed the citation to be published in the “Statesman” (English) and “Jansatta” (Hindi) for 16.03.2009. All these directions were issued in a single order – impugned in the present appeal – passed on 16.02.2009; the relevant paragraph is quoted below:

“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 la