1. This appeal is directed against the order passed by the learned Company Judge in O. P. No. 33 of 1982, overruling the preliminary objection raised by the appellant Company, the Malabar Industrial Company Ltd, about the maintainability of the petition filed under S.433 (f) and 439 (c) of the Companies Act, 1956 by the respondent, a contributory, on various grounds. The learned judge disagreed with the petitioner before him on most of the grounds but felt that there was a prima facie case that by the sale of the only estate belonging to the company the substratum of the company would disappear and ordered advertisement of the petition.

2. Notice was ordered on 21st June 1982 after the petition was admitted. The appellant Company entered appearance and filed its counter-affidavit and moved Application No. 262 of 1982 for revoking admission and for dismissal of the petition in limine. This petition was rejected with the observation that the question of maintainability could be gone into before ordering advertisement. Thereafter the preliminary question whether the averments in the petition disclosed a prima facie case for ordering winding up was heard and the order under