S. Muralidhar, J.

This judgment disposes of the question of maintainability of the present appeal filed by Mr. Gopal Krishan against an order dated 17th December, 2012 passed by the learned Single Judge in CA No.730/2002 in CP No. 167/1999.

2. The background facts are that on 20th September, 1999 the learned Single Judge in the company jurisdiction of this Court had passed an order in CP No.167/1999 approving the Scheme of Amalgamation of Tony Electronics Limited (TEL) (Respondent No.2) and Mandakini Aqua Minerals Limited (MAML) (Respondent No.3) with Super Cassettes Industries Limited (SCIL) (Respondent No.1) under Section 391 of the Companies Act, 1956 ("Act"). The said order was preceded by the first motion order dated 26th February, 1999 convening the meetings of the shareholders and secured and unsecured creditors of SCIL, TEL and MAML on 17th April, 1999.

3. The Appellant filed the aforementioned application being CA No. 730/2002 more than three years later on 22nd July, 2002 inter-alia on the ground that the Appellant, who claimed that he held 52,470 equity shares of TEL (constituting 52.47% of the shareholding) did not receive notice of the said meeting of shareholde