MINOO H MODY Vs. HEMANT D VAKIL

JUDGEMENT

(1.) THIS is a reference to consider the following three questions pertaining to the practice and procedure concerning an appeal under section 10f of the Companies Act, 1956 (1 of 1956) ("the act") :

(2.) WHETHER such an appeal can be filed in the form of a petition to the company court by following the procedure prescribed for making original application to the company court under the Companies (Court) Rule, 1959, instead of presenting a memorandum of appeal formulating questions of law arising out of the order under appeal ?

(3.) WHETHER such an appeal is liable to be heard by a single judge or Division Bench on the original side or appellate side till the appropriate rules are made and published by the appropriate authority in this behalf ?