JUDGMENT

DESAI, J. :— Sudarsan Chits (India) Ltd., appellant herein, (Company for short) is governed by the Companies Act,. 1956. Three, petitions being Company Petitions Nos. 9/81, 8/81 and 49/81 were moved by the creditors of the Company under Section 439 of the Companies Act praying for winding up of the Company on the ground that it was unable to pay its debts. The learned Company Judge passed an order winding-up the Company and appointed Official Liquidator to be the Liquidator of the Company. This order was challenged in MFA Nos. 578, 579 and 520 of 1981 which came up for hearing before a Division Bench of the Kerala High Court. The judgment of the Division Bench is reported in, Sudarsan Chits (India) Ltd. v. G. Sukumaran Pillai ILR (1983) 1 Ker 700. The appeals were disposed of after approving the scheme of compromise and arrangement under Section 391 of the Companies Act directing that the winding-up order shall be held in abeyance on certain undertakings to be filed by the Company before the court within the prescribed time to abide by the conditions imposed in the judgment and if there be any default in the matter of performing of the conditions so imposed, and / or under