J U D G M E N T

Joseph, J.

The Official Liquidator invited tenders by sealed cover tender procedure fixing the last date. As per the tender conditions clause (3) provides that tender shall be accompanied by the EMD by means of crossed Demand Draft. The appellant did not produce EMD in the form of crossed Demand Draft. So its tender application was rejected. The appellant filed Company Application. That application has been rejected by the learned Company Judge. This appeal is filed against the order of the learned Company Judge.

2. We heard the learned counsel for the appellant and learned counsel for the Official Liquidator. Sri.P.P.Jacob learned counsel for the appellant made an attempt to assail the order of the Company Judge by referring to Annexure-I judgment. That is a case where the Division Bench had dealt with an appeal filed for permission to the appellant therein to inspect the plant and machinery and movables of the liquidated company kept for sale. Though the appellant has not participated in the tender, having regard to the price offered and the value it took note of the contention of the appellant that he will be able to offer higher price. In such circumstances, the a