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2017 Supreme(All) 139

A.P.SAHI, SANJAY HARKAULI
DURGA BANSAL FERTILIZER LTD. – Appellant
Versus
ZAITEK POLYBLENDS PVT. LTD. – Respondent


Advocates:
Counsel :
Devendra Mohan Shukla for the Appellant; Shraddha Agarwal, Rajesh Kumar Verma and Shailendra Srivastava for the Respondents.

JUDGMENT

By the Court.—Heard Shri Ashish Chaturvedi, learned Senior counsel for the appellant, Ms. Shraddha Agarwal, learned counsel for the first respondent, Shri Shailendra Srivastava, learned counsel for the respondent No. 2-Official Liquidator and Shri R.K. Verma, learned counsel for the respondent No. 3.

This appeal under Section 483 of the Companies Act, 1956 has been filed contending that the learned Single Judge has proceeded to reject the recall application on the principles of a review application which does not appear to be the correct approach inasmuch as a recall application has to be dealt with on different principles.

2. The learned Single Judge, according to the appellant, has relied on the judgement relating to the principles of review which was not applicable more so when the learned Single Judge himself has recorded that the application is for a recall application for the order dated 22.7.2014.

The contention of the appellant is that the order dated 22.7.2014 is ex parte and consequently, it deserved to be recalled.

3. The order dated 22.7.2014 had proceeded to observe that since the Official Liquidator had been appointed, therefore, there was no need to pass an i



























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