BANGUR FOUNDATION LIMITED Vs. ESJEY CORPORATION

JUDGEMENT

(1.) This appeal is directed against the order dated 7th January, 2003, passed by the learned Company Judge on an application filed by the appellant for recalling of an order of winding up passed by the learned Company Judge on 27th June, 2002. As will appear from the order impugned in the appeal, the application for recalling the order of winding up was made mainly on the grounds that (1) no notice of the winding up petition had been served upon the company which, as a result, could not represent itself when the order of winding up was passed and (2) the filing of the winding up petition was barred by limitation.

(2.) On the first ground the learned Company Judge observed that the order of winding up had been passed after giving public notice in two newspapers. The learned Judge further observed that even if it was assumed that the copy of the winding up petition had not been received by the appellant at the preadmission stage, the company could have appeared at the time of final hearing and raised the objections which it was raising in the application for recalling of the winding up of the order. Furthermore the winding up petition had already taken a representative character upon publication of notice.

(3.) On such considerations, the learned Company Judge rejected the first contention raised on behalf of the appellant relating to service of notice.