HARYANA AND STEEL CENTRE Vs. LAKSHMI PORCELAINS LTD

JUDGEMENT

(1.) These Appeals are preferred as against the orders made in C.A.No. 379/2003 in R.C.C.No. 6/93 and C.A.No. 364/2003 in R.C.C.No. 4/97 dated 2-5-2003, under Clause 15 of the Letters Patent r/w. Section 483 of Companies Act, 1956, hereinafter referred to as "Act" in short.

(2.) These Original Suit Appeals are filed as against a Common Order. In view of the fact that the common questions are involved in these two Appeals and since they arise out of a Common Order, they are being disposed of by a Common Judgment.

(3.) The appellant in O.S.A.No. 14/2003 filed C.A.No. 379/2003 in C.A.No. 273/2000 in R.C.C.No. 6/93 in the matter of M/s. Lakshmi Porcelains Limited (in liquidation) praying to recall and set aside the order dated 3-4-2003 made in C.A. No. 273/2003 in R.C.C.No. 6/93 and pass such other suitable orders. By an order dated 2-9-1998 in R.C.C.No. 6/93 the Company Court had directed the winding- up of M/s. Lakshmi Porcelains Limited and appointed Official Liquidator as Liquidator under Section 459 of the Act. The 7th respondent offered Rs. 1,75,00,000.00 and an order was passed by the Court in C.A. No. 273/2000 accepting the offer of the 7th respondent and the appellant made an offer of Rs. 7 lakhs more than the offer made by the 7th respondent. The dismissal of C.A.No. 379/2003 is assailed in this Original Suit Appeal by the appellant.