AHMADUR RAHMAN Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) THESE two appeals are directed against the order dated July 27, 1971, passed by the learned single judge in Company Petition No. 6 of 1970.

(2.) THE Registrar of Companies, Assam, Tripura, Manipur and Nagaland, filed a petition in the High Court under sections 433 and 439 of the Companies Act, 1956, for winding up of the appellant -company, the East Bengal Hindu -Moslem Planters Ltd., on the ground that the financial position of the company, as revealed from the balance -sheet, showed a deficit of Rs. 10,83,68 -43 and the company was, therefore, unable to pay its debts. The petition was registered and numbered as Company Petition No. 6 of 1970. On April 20, 1970, notice was issued to the company by court's order and it appeared through Mr. B. S. Guha, the learned counsel. The case was adjourned on several dates at the instance of the learned counsel for the company. On July 27, 1971, the following order was passed by the learned single judge :

(3.) VARIOUS grounds have been taken in both the appeals. The main point that arises for consideration in these appeals is whether the impugned order dated July 27, 1971, is bad for non -compliance with Rule 96 and some other Rules of the Companies (Court) Rules, 1959, hereinafter called the Rules.