MANSUKH BHAI INDUSTRIES LTD Vs. SHAKTI AGENCIES

JUDGEMENT

(1.) THIS appeal under section 483 of the Companies Act, 1956 is directed against the order passed by the learned Single Judge on 5. 9. 2003 by which the Company Petition No. 24 of 2003, a winding-up petition under Section 439 read with section 433 (e) of the Act, was admitted by an exparte order and the petition was ordered to be advertised in accordance with the Companies (Court) Rules, 1959.

(2.) THE appellant-respondent company before the learned Single Judge which was sought to be wound up has preferred this appeal, inter alia on the ground that the learned Single Judge has committed a grave error in admitting the company petition straightway without a pre-admission notice to the company and directing the advertisement of the same in newspapers and this has caused serious prejudice to the respondent company.

(3.) IT may be stated here that the word Tribunal" was substituted for the word "court" by Act No. 11 of 2003 but since the National Company Law Tribunal has not yet been constituted, the winding up petitions are maintainable in the High Court.