Hon’ble Ashok Bhushan, J.—Heard Shri W.H. Khan, learned Senior Advocate assisted by Shri J.H. Khan for the appellant and Shri Ashok Mehta for the respondents.

2. This Special Appeal under Chapter VIII Rule 5 of the High Court Rules has been filed against the judgment and order of the learned Single Judge of this Court dated 26/5/2009 deciding the Application for Correction in an earlier order dated 27/4/2007 passed by learned Single Judge in Civil Misc. Company Appeal/Objection No. 85/2007 in Company Application No. 4/97. The application has been rejected by a learned Single Judge videits order dated 26/5/2009. The order dated 27/4/2007 was passed by learned Single Judge under Rule 164 of the Companies (Court) Rules, 1959 (hereinafter called the “Rules 1959”). In the matter of the report of the Official Liquidator, Uttar Pradesh adjudicating on the ‘proof of debts’ and proposing to distribute the sale proceeds of the assets of the ‘U.P. State Cement Corporation Limited (in liquidation) wound up by the Court on 8/12/1999.

3. Shri Ashok Mehta learned counsel appearing for the respondents raised a preliminary objection regarding the maintainability of this Special Appeal under