Hon’ble Ashok Bhushan, J.—Heard Sri V.K. S. Chaudhari, learned Senior Advocate assisted by Sri PN. Tripathi, for the appellant and Sri Anjani Kumar Misra, assisted by Sri Arnab Banerji for Official Liquidator respondent No. 1. Sri K.M. Asthana, learned Advocate has appeared for the respondent No. 2. Sri U.N. Sharma, learned Senior Advocate assisted by Sri Manoj Kumar Sharma has appeared on behalf of the respondent No. 3.

2. With the consent of learned counsel for the parties, the appeal has been heard finally and is being decided by this judgment.

3. This special appeal under Chapter VIII Rule 5 of the Rules of the Court has been filed by the appellant Allahabad Bank challenging the judgment and order of learned Company Judge dated 24.10.2009, passed in Civil Misc. Application No. 164340 of 2009 in Civil Misc. Company Petition No. 5 of 1998 and Misc. Company Petition No. 113 of 1997 (In the matter of M/s Rajinder Pipes Ltd. in liquidation).

4. Brief facts necessary to be noted for deciding this appeal are that company petition No. 113 of 1997 Rajinder Pipes Ltd. (in the matter of M/s Rajinder Pipes Ltd.) was filed in this Court. Allahabad Bank, the appellant filed an Origin