A. MALLIKARJUNAPPA Vs. STANDARD INDUSTRIAL ENGINEERING COMPANY

JUDGEMENT

(1.) THIS appeal under Section 483 of the Companies Act, 1956, is directed against the order dated August 27, 2008, passed by the learned single judge dismissing C. A. No. 697 of 2008 which was an application under Section 5 of the Limitation Act and consequently dismissing the other two applications, viz., C. A. No. 645 of 2008 for recalling the order dated July 21, 2005 passed by the learned company judge allowing Company Petition No. 180 of 2001 (Standard Industrial Engineering Company v. Bellary Power (India) P. Ltd., [2006] 133 Comp Cas 787 (Kar)) and ordering the winding up of the respondent -company in the company petition filed under Rule 9 of the Rules and another C.A. No. 646 of 2008 seeking for stay of the orders sought to be recalled filed under Section 466 of the Companies Act.

(2.) THE appeal in substance is against the order passed by the learned company judge of this Court allowing the Company Petition No. 180 of 2001 in terms of the order dated November 21, 2005 (Standard Industrial Engineering Company v. Bellary Power (India) P. Ltd., [2006] 133 Comp Cas 787 (Kar)) and ordering the winding up of the second respondent company -M/s. Bellary Power (I) Ltd., now represented by the official liquidator.

(3.) WHILE we find, the so called application for recalling the order dated November 21, 2005 (Standard Industrial Engineering Company v. Bellary Power (India) P. Ltd., [2006] 133 Comp Cas 787 (Kar)) of the learned single judge, passed under Section 433(e) and (f) of the Companies Act, 1956, is not an application provided for in law, as such an order could have been appealed against, we further notice that the order wherein the company was directed to be wound up, had, in fact, been appealed against by the very company and the appeal has been dismissed in O.S.A. No. 94 of 2005 (Bellary Power (India) P. Ltd. v. Standard Industrial Engineering Company : [2009] 151 Comp Cas 195 (Kar)) in terms of the judgment produced at annexure C to the present appeal.