BAKUL M KAPADIA Vs. BANK OF INDIA

JUDGEMENT

(1.) This is an appeal from the order of the learned Single Judge dated 8th February, 1993 in Notice of Motion No. 2781 of 1992 taken out in Suit No. 2218 of 1983. By this order, the learned Single Judge has extended the proposed date of sale by the Court Receiver by further four weeks when the 5th defendant applied for an interim order. In view of this order, as nothing further survived, the Notice of Motion was disposed of with no order as to costs. Being aggrieved by this order of the learned Single Judge, the original 5th defendant has preferred the present appeal.

(2.) The Notice of Motion which is taken out on 15th December, 1992 by the appellant, is for the following prayers :

(3.) On 18th January, 1984 an order was passed by this Court for winding up the 2nd respondent M/s. Jasmine Mills Pvt. Ltd. The Official Liquidator, therefore, came on the scene. Thereafter the suit of the 1st respondent was continued after obtaining leave under section 466 of the Companies Act.