J.B. Pardiwala, J.

1. The present appeal filed u/s 483 of the Companies Act, 1956 is directed against order passed by the learned Company Judge in Company Application No.377 of 2008 in Company Petition No.226 of 2007.

2. The present appeal arises in the backdrop of the following factual background.

3. Late Shri Mafatlal Gordhandas Patel was an employee of a company running in the name of Cellulose Products of India Limited (now under liquidation). In the year 1993 he was dismissed from service. The order of dismissal was challenged before the Labour Court and the Labour Court quashed and set aside the order of dismissal and directed the company to pay back wages from the date of dismissal up to the date of superannuation i.e. from 1993 to 2001. It appears from the record of the case that the company challenged the said award by way of filing Special Civil Application No.9028 of 2000 before this Court. The matter was admitted and the order of payment of back wages was stayed. During the pendency of Special Civil Application No.9028 of 2000 the company was ordered to be wound up and the Official Liquidator was appointed for managing the affairs of the company vide order dated