A.R. Lakshmanan, J.

Heard both sides. The appeal is directed against the order of the learned Company Judged at M27 A1997 vacating the stay order passed by this Court in C.A.No 144/95. In the said C.A. this Court stayed the arrest warrant issued by the Consumer Disputes Redressal Forum, Kozhikode against the appellant herein in his capacity as the Managing Director of the Sai Chakra Studies (P) Ltd. (in liquidation). The official liquidator filed M.C.A 53/96 to vacate the above order. annexure- a was produced before the learned judge. In annexure- e the appellant has been described as Prof. Narayanankutty, M/s. Sai Chakra, Aradhana, Kallai Road, Calicut-2. The learned judge was of the view that the proceedings can be stayed only if the legal proceedings wherein assets of the company are involved under S.446 of the Companies Act and action against the Directors and others in their personal capacity do not come within the purview of the above section. Under the circumstances the learned judge has vacated the order. Aggrieved by the said order, the above appeal has been preferred. In the petition, the official liquidator stated that the appellant herein could not be served