NILA BAURAT ENGINEERING LTD Vs. GRAPHITE INDIA LTD

JUDGEMENT

(1.) The appellant has filed this appeal against the order dated 10-4-2006 passed by the learned Company Judge in Company Petition no.59/2005 whereby he has admitted the Company Petition and ordered publication of the advertisement in two local newspapers without assigning any reasons.

(2.) On 17-4-2006 another Division Bench of this Court after hearing the learned Counsel for the appellant and the respondent appearing on caveat admitted this appeal and it was ordered that the learned Company Judge may not pass any final order in the matter till the final decision of this appeal. Accordingly, the final order was not passed by the learned Company Judge. However, as per the order of the learned Company Judge advertisement is already published in two local newspapers Indian Express (English) and Sandesh (Gujarati).

(3.) Sr. Advocate Shri Mihir Thakore for the appellant submitted that the order of admission dated 10-4-2006 passed by the learned Company Judge admitting the Company Petition and ordering publication of the advertisement in two local newspapers and fixing the date for final disposal on 19th June, 2006 was not a speaking order, therefore, the same has to be quashed and set aside, as while admitting the appeal, the learned Company Judge has not assigned any reasons. In support of his submission Mr. Thakore has relied on the judgment of the Honourable Supreme Court rendered in the case of Pradeshiya Industrial and Investment Corporation of U.P. v. North India Petrochemical Ltd.[1994] 79 Company Cases 835. He has also relied on the case of Airwings Private Ltd. v.Viktoria Air Cargo Gmbh [1995] 84 Company Cases 688.