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2014 Supreme(Online)(KER) 6144

HIGH COURT OF KERALA
K.T.SANKARAN, P.UBAID, JJ
TATA TELESERVICES LIMITED – Appellant
Versus
TNGICUBE TECHNOLOGY RESOURCES INDIA PRIVATE LIMITED – Respondent


J U D G M E N T

K.T.Sankaran,J.

The Company Appeal is filed by the petitioner in C.P.

No.24 of 2009, challenging the order on a review petition filed by the appellant. The company petition was filed by the appellant for winding up of the respondent-company. A learned Single Judge of this Court dismissed the Company Petition by the judgment dated 5th March, 2012. The appellant filed Company Application No.186 of 2013 before the learned Single Judge seeking to review the order dated 5th March, 2012. The learned Single Judge dismissed Company Application No.186 of 2013 by the order dated

19th March, 2013, which is under challenge in this appeal.

2. The learned counsel for the respondents raised a preliminary objection that the Company Appeal is not maintainable against the order in the application for review, since the application for review was dismissed and consequently, there is no merger of the order and the original judgment.

3. We heard the maintainability of the appeal. The learned counsel for the appellant submitted that Section 104 of the Code of Civil Procedure leaves room for appeals from applications of other kinds as well where appeal is provided under any other law. He referr

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