OFFICIAL LIQUIDATOR OF MERCARA CURERS PVT LTD Vs. KARNATAKA STATE INDUSTRIAL INVESTMENT AND DEVLOPMENT CORPORATION LTD

JUDGEMENT

(1.) EVENAT the initial stages of this appeal, we did entertain a doubt as to the tenability of the appeal filed under Section 483 of the Companies Act, 1956 (for short, the Act), for the reason that the appeal was against the orders passed by the learned Company Judge functioning as a Company Court and the appellant being the Official Liquidator, who incidentally also happens to be the Official Liquidator attached to the Court when the Company Court is supervising the winding up proceedings of a Company which has been ordered to be wound up by the very Court.

(2.) IN view of the position of the Official Liquidator, who is virtually a limb of the Company Court and the order that is questioned being the order of the Company Court itself, we entertained a doubt as to whether the Official Liquidator, who is part of the Court itself, can turn around and question the legality of the order passed by the Company.

(3.) OUR attention is also drawn to the judgment of the Supreme Court in the case of Shankarlal Aggarwala and others v. Shankarlal Poddar and others, reported in AIR 1965 SC 507, to submit that the Supreme Court had occasion to examine the scope of the corresponding statutory provision under the erstwhile Indian Companies Act, 1913 and Section 202 of this Act corresponding to the present Section 483 of the Act. Learned Counsel also submits that in terms of this judgment, it has been recognised that the Official Liquidator has the power to file an appeal and maintain an appeal under Section 483 and provisions of Section 457 confer such a power on the Official Liquidator.