( 1. ) THE decision in this company appeal shall also dispose of Company Appeal No. 2 of 1984 (Kilpest Private Ltd, v. Shekhar Mehra ).

( 2. ) THIS is an appeal preferred under Section 483 of the Companies Act, 1956, by the company, the managing director and the director of the company against an order dated August 6, 1984, passed by the learned company judge whereby the learned company judge by his order dated August 6, 1984, passed the order for converting the original petition made under Sections 397, 398, 402, 403 and 450 of the Companies Act/1956, into one under Section 433 (f) read with rules 6 and 9 of the Companies (Court) Rules, 1959, holding that the petition shall now be tried as a petition for winding up of the company under the "just and equitable" clause contained in Section 433 (f) of the Companies Act, 1956.

( 3. ) THE short facts leading to this appeal are as under : The respondent, Shri Shekhar Mehra, initially filed a petition under Sections 397, 398, 402, 403 and 450 of the Companies Act before the company judge on October 1, 1983, praying for starting investigation into the affairs of the company (appellant No. 1) for removing the present board of direc