GOLCHA INVESTMENT PRIVATE LIMITED Vs. SHANTI GHANDRA BARNA

JUDGEMENT

(1.) This is an appeal by special leave. It arises from the decision of the appellate bench of the Bombay High Court in Appeal No. 113 of 1969 on its file. That appeal was directed against the order made by Kantawala, J. in Company Petition No. 100 of 1969, a petition made by the Registrar of the Companies under Section 433 of the companies Act, 1956 for winding up the appellant company. The winding up application was filed by the Registrar on August 8, 1969. In that petition notice was issued to the appellant to show cause why the petition should not be admitted and advertised. The petition was posted for hearing on September 8, 1969. The notice issued was served on the appellant on September 1, 1969. On the date of the hearing the appellant appeared through an advocate and asked for an adjournment of the proceedings. That prayer was rejected and thereafter the Company Judge passed the following order:

(2.) The Appellant appealed against the decision. The appeal came up before K. K. "Desai and Vaidya, JJ. On September 12, 1969. The learned Judges summarily dismissed the appeal. Thereafter the appellant orally applied for leave to appeal to the Supreme Court. That application was rejected with these observations:

(3.) As against that order the appellant has brought this appeal after obtaining special leave from this Court.