Hon’ble F.I. Rebello, C.J.—A preliminary objection has been raised on behalf of the respondent-Company that the Letters Patent Appeals, as filed would not be maintainable. It is submitted that considering Section 483 of the Companies Act, an appeal would lie only in respect of the order made or decision given in the matter of winding up. In the instant case, it is pointed out that the appeals arise not from an order in winding up, but an order for reconstruction of debts and in these circumstances, the appeals ought to be dismissed.

2. On the other hand, on behalf of the appellant and respondent No. 2, it is sought to be contended that merely because there is no appeal provided under Section 483 of the Companies Act, would not oust the jurisdiction of this Court to entertain an appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules. It is, therefore, submitted that the appeals as filed are maintainable and the preliminary objection ought to be rejected. We may reproduce Rule 5 Chapter VIII of the Allahabad High Court Rules, which reads as under :

“5. Special appeal.—An appeal shall lie to the Court from a judgment (not being a judgment passed in the exercise of