( 1 ) THIS appeal under Letters Patent of this Court, is from the order dated 28 July 1967 passed by Pandey, J. , in Company Petition No. 7 of 1965, whereby the appellant's application for leave to intervene was rejected,

( 2 ) SHYAMSARAN Gupta (respondent) made an application for winding up of the company, named "sir J. P. Shrivastava and Sons (M. B.) Private Ltd. , Dabra", (hereinafter called the "debtor-company'), on the ground that the company is unable to pay its debts within the meaning of Section 433 (e) of the Companies act, 1956. Under Clause (f) of that Section, a company may also be wound up, if the Court is of opinion that It is just and equitable that the company should be wound up. When the petition for winding up was advertised under Rule 99 of the companies (Court) Rules, 1959, the Gwalior Sugar Co, Ltd. , Dabra (hereinafter called the 'intervener') applied for leave to intervene, as it desired to oppose the petition. Its application was rejected on the ground that the intervener is neither a creditor, nor a contributory, nor does it come within the expression "other person desirous of supporting or opposing the making of an order on the said petition"