LAWS(DLH)-2012-11-275

RAMAN CHADHA Vs. BASTI SUGAR MILLS CO. LTD

Decided On November 30, 2012
Raman Chadha Appellant
V/S
Basti Sugar Mills Co. Ltd Respondents

JUDGEMENT

(1.) This appeal is preferred against the order dated 2 nd February, 2012 of the learned Company Judge of this Court in an appeal (Co.A.(SB) 74/2011) under Section10F of the Companies Act, 1956 against the order dated 9 th September, 2011 of the Company Law Board dismissing the application of the appellant under Section 111A of the Act for rectification of the Share Register. This appeal is accompanied with an application for condonation of 250 days delay in filing the same. The delay is sought to be explained by pleading that the appellant had filed an SLP No.12054/2012 challenging the said order dated 2 nd February, 2012 but which SLP was on 30 th July, 2012 dismissed as withdrawn and whereafter the present appeal was filed.

(2.) This appeal came up before us first on 27 th November, 2012 when we had raised doubt as to the maintainability thereof. The matter was adjourned to today on the request of the counsel for the appellant to study the matter.

(3.) The appeal is filed under Section 483 of the Act. However Section 483 provides for appeals from orders made or decision given in the matter of winding up of a Company by the Court. The said provision thus cannot be invoked.