D H WOODHEAD LTD Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THIS appeal under section 483 of the Companies Act, 1956, read with rule 9 of the Companies (Court) Rules, 1959, has been preferred against the order dated May 29, 1997, passed by the learned company judge dismissing the Company Application No. 182 of 1997, filed by the appellant for recall of the order of winding up passed on May 8, 1997.

(2.) BRIEFLY stated, the facts of the case are that on the basis of an application filed by the appellant under the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, "the Act of 1985"), the Board for Industrial and Financial Reconstruction (hereinafter described as "the BIFR"), took cognizance and after examining the request made by the appellant it passed an order dated March 19, 1997, for winding up of the company and forwarded its opinion to the High Court vide communication dated April 22, 1997.

(3.) IN compliance with the order of the High Court, the official liquidator took appropriate steps for securing possession of the property of the company.