V.S. SIRPURKAR, J.

By this appeal, which is filed by M.C.C. Finance Limited, Chennai (hereinafter referred to as the "Company" for the sake of brevity), the order passed by the learned Company Judge in C.P. No. 496 of 2000, admitting the liquidation petitions and appointing the provisional liquidator is in challenge.

In all five petitions came to be filed before the learned company Judge. Four of them were by the private creditors under S. 433 of the Companies Act while the petition filed by the Reserve Bank of India for winding up was under S. 45-MC of the Reserve Bank of India Act. Along with the said petition filed by the Reserve Bank of India for liquidation of the company, an application was also filed for appointment of a provisional liquidator.

The learned company Judge has by the impugned order dated 21-8-2000 admitted all the winding up petitions. It is needless to mention the four creditors had filed the petitions on the ground that the company had been unable to pay its debts for which, due notices were served by them under S. 434 of the Companies Act to the company. The petition filed by the Reserve Bank, however, was based on the grounds under S. 45-MC of the