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2019 Supreme(Raj) 2762

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA
Hardeep Singh Dhawan – Appellant
Versus
Ispat Industries Ltd – Respondent


Advocates Appeared:
Anuroop Singhi, Adv., Gaurav Sharma Saraswat, Adv., Nishant Vyas, Adv.

JUDGMENT

1. This appeal under Section 483 of the Companies Act, 1956 read with Rule 134 of the High Court Rules, 1952, has been preferred by applicant/appellant Hardeep Singh Dhawan, challenging the order dated 30.08.2018, by which his application for recall of the order dated 18.07.2003 has been dismissed by learned Company Judge on the premise that no reasons have come forward for delay in filing such application.

2. Mr. Anuroop Singhi, learned counsel for the applicant/appellant, submitted that petitioner/respondent M/s. Ispat Industries Limited, a company registered under the Companies Act, 1956, filed a petition on 17.03.1998 under Sections 433(E), 434 and 439 of the Companies Act, 1956, for winding up of M/s. Team Metals Private Limited. The said petition was admitted on 05.04.2002. The date of hearing of the windingup petition was published in a daily newspaper 'Hindustan Times' (Jaipur Edition). Since no one appeared to oppose or support the petition, the winding-up order was passed by this Court on 18.07.2003. According to the applicant/appellant, the Directors of the Company learnt about the proceedings of the winding-up much after in the year 2007. Neither there are any du

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