DABRIWALA VANIJYA UDYOG LTD Vs. ALKA DALMIA

JUDGEMENT

(1.) This appeal is at the instance of a petitioning creditor and is directed an order dated 24th April, 2009 passed by the learned Single Judge in C.A. No.344 of 2009 arising out of CP. No. 242 of 2008 by which the said learned Judge stayed the previous order of winding up passed by His Lordship with a direction upon the official liquidator to hand over the possession of the hotel owned by the company in liquidation to the said company. His Lordship, accordingly, stayed the order of winding up and the official liquidator was directed to handover possession of the hotel in question in course of that day. His Lordship further recorded that the company in liquidation was ready to handover a pay order amounting to Rs.2,11,500/- and as the petitioning creditor was not in a position to accept the same on that day, the question would be considered on the next adjourned date.

(2.) Being dissatisfied, the petitioning creditor has come up with the present appeal.

(3.) The following facts are not in dispute: