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2017 Supreme(All) 68

A.P.SAHI, SANJAY HARKAULI
J. R ORGANICS LTD. – Appellant
Versus
JUPITER DYECHEM PVT. LTD. – Respondent


Advocates:
Counsel :
Manish Kumar for the Appellants; Sudeep Seth and Pradeep Kumar Singh for the Respondent.

JUDGMENT

By the Court.—This company appeal has been preferred questioning the correctness of the order dated 6.1.2017 passed by the learned Single Judge in Company Petition No. 8 of 2013 filed by M/s. Jupiter Dyechem Private Limited through it’s authorized signatory for winding up of the appellant No. 1 company. The Company Petition has been entertained and for the first time by the impugned order, after four years of filing of the Company Petition, an interim arrangement has been made restraining the appellant No. 1 from alienating or transferring the assets of the Company till the next date of listing. The appeal has been filed on the ground that such an interim order could not have been passed without even considering the objections filed in the counter-affidavit and also the facts that would establish that such an interim order in the background of the litigation was unjustified.

2. It was urged by Sri Jaideep Narain Mathur, learned counsel for the appellant that even assuming for the sake of argument that an order could have been passed, the same ought to have been done after consideration of the objections that had already been filed and were on record and also after studying


































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