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2009 Supreme(P&H) 304

H.S.BHALLA, M.M.KUMAR
COVENTRY COIL-O-MATIC (HARYANA) – Appellant
Versus
ICICI BANK – Respondent


Advocates appeared:
Mr. R.C. Setia, Senior Advocate, with Mr. S.S. Behl, Advocate, for the appellant.
Ms. Jai Shree Thakur, Advocate, for the respondents.

JUDGMENT

M.M. KUMAR, J. -The appellant is a company in liquidation and has invoked Section 483 of the Companies Act, 1956 (for brevity, ‘the Act’) challenging order dated 7.8.2008, passed by the learned Company Judge directing publication of the factum of admission of Company Petition No. 129 of 2004. The company petition was admitted on 26.5.2005. It is appropriate to mention that at the time of admission, learned counsel for the appellant was present before the Court and the reason for admission given in the order dated 26.5.2005 is that the appellant did not file reply despite repeated opportunities given. The order dated 26.5.2005 further reveals that the matter was to be listed for publication on 28.7.2005. However, order dated 26.5.2005 was challenged by invoking Section 483 of the Act in Company Appeal No. 13 of 2008. Alongwith the appeal applications for condoning the delay of 1050 days in filing and 72 days in re-filing the appeal were also filed. The Appellate Bench declined to condone the delay of 1050 days in filing the appeal although it has condoned the delay of 72 days in re-filing of the same. The operative part of the order dated 1.8.2008, rejecting the prayer made






















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