ORISSA FLOUR MILLS LTD Vs. LALCHAND AGARWAL

JUDGEMENT

(1.) HEARD learned Counsel for the parties. These two Company Appeals namely, COA No. 2 of 2008 and 3 of 2003 have been filed arising out of the proceeding of winding up of M/s. Orissa Flour Mills Ltd. (hereinafter called as the 'said Company') at the instance of the petitioning creditor who is respondent herein. Though both the appeals have been filed beyond time, on considering the facts and circumstances of the case, we dispose of both the appeals by the following order.

(2.) LEARNED counsel for the Company has submitted that this petition for winding up was admitted without any application of mind by the learned Company Judge. The admission has been done by the following orders dated 24.3.1994. Heard. Admit.

(3.) LEARNED counsel for the petitioner further submits that nothing appears from the order dated 24.3.1994 that there was any application of mind by the learned Company Judge when the petition was admitted.