DEBASISH GHOSAL AND ORS. Vs. SIEMENS AKTIENGASELLSCHAFT

JUDGEMENT

(1.) This application has been filed by the applicant, inter alia, praying for an order to add the applicants as parties in this appeal and further for permanent stay of winding up order passed by the court on January 10, 2007 (Siemens Aktiengasellschaft v/s. ).

(2.) The applicants -petitioners are the employees of the appellant company. At present, according to the applicants, there are 55 employees of the appellant company. It is the case of the applicants that the winding up petition was admitted by an order dated July 7, 2005 and the appellant company was granted liberty to pay off the dues of the respondent in 48 equal monthly instalments. From the said order an appeal was filed. The said appeal was dismissed.

(3.) None of the present applicants took steps in the matter at that point of time. After the advertisement was published and the matter appeared before the hon'ble company court for hearing, on January 10, 2007, then also, the applicants did not take any step and finally an order was passed on January 10, 2007 by the hon'ble company court directing winding up of the appellant company and the official liquidator was directed to take possession of the assets and properties of the appellant company. The hon'ble company court was pleased to direct that upon payment of Rs. 50,00,000 there will be a stay of the operation of the order so passed by his Lordship.