PETROFILS COOPERATIVE LIMITED Vs. RASHTRIYA MAZDOOR UNION

JUDGEMENT

(1.) AS in both the appeals, there are inter-connected questions, they are being considered simultaneously.

(2.) WE have heard Mr.Trivedi, learned Sr. Counsel appearing with Mr.Rao, learned Counsel for the appellant - applicant in all the matters and Mr.Sinha, learned Counsel appearing with Mr.Mankad, learned Counsel for the respondent.

(3.) THE learned Single Judge, in Special Civil Application No.3105 of 2002 was guided by the fact that earlier the order was passed by the learned Single Judge in Civil Application No.1399 of 2008 dated 11.3.2008, whereby it was observed by the learned Single Judge that the application was not granted, but it would be open to the Official Liquidator/Liquidator to file such application in the present proceedings, pointing out the fact that now he is In-charge of the company and is to be joined as party in the main petition. As no such application was preferred by the appellant, the petition came to be rejected by the learned Single Judge.