J U D G M E N T

K.M.Joseph, J.

Being connected we dispose of these appeals by this common judgment.

2. The appellant in all these cases is one and the same. He calls in question the order passed by the learned Company Judge in Co.A.No. 539 of 2005 in Report No.88 in C.P.No. 18 of 1999. He also challenges the order passed in M.C.A.No.112 of 2008 in Report No.88 in CP 18 of 1999. Lastly, he also calls in question the order passed in Co.Appl No.620 of 2008 in Report No.88 in C.P.No.18 of 1999. C.P.No.18 of 1999 was filed to wind up St. Mary's Finance Ltd.

(hereinafter referred to as the 'Company').

3. Briefly put, the case of the appellant is as follows: The appellant entered into an agreement dated 31.3.2002 with Sri.Bobby Varghese (2nd respondent) for purchase of property having an extent of 6.792 cents in COA 39,50, 60/2010 -2-

Ernakulam village. The 2nd respondent is none other than the Ex-Managing Director of the company. It is the case of the appellant that the property in the agreement originally belonged to Sri. M.U.Varkey who is the father of the 2nd respondent. The appellant paid a sum of R.10.25 lakhs to the 2nd respondent in all and after issuing lawyer notice he instituted O.S.