JUDGMENT : 1. leave granted. 2. By an order dated 14.12.1993, the learned Company Judge (A.N. Ray, J.) made an order for winding up of the company, namely, Bharat Iron & Steel Industries & Shalimar Mineral Products Pvt. Ltd. and also directed the Official Liquidator to forthwith take possession of the assets and properties of the company. No appeal was filed against the winding up order made by the learned Company Judge. It appears that the Official Liquidator took possession of the assets of the company on 10.1.1994 (see pages 142-143 of the paper book). Thereafter the company made a prayer before S.K. Sen, J. who was then functioning as the Company Judge for stay of the above order in'terms of their prayer. S.K. Sen, J. made the following order on 31.3.1994. "Upon the petitioner paying a sum of Rs.20,000/- with the Advocate-on- Record of the petitioning creditor by Tuesday next, Official Liquidator is directed not to take possession of the company. In default thereof the Official Liquidator will take possession of the company forthwith." 3. Against the order of S.K. Sen, J., the appellant CESC Limited filed an appeal before the Division Bench of the High Court. The Division Bench by its order dated 11.4.1994 disposed of the appeal giving certain further directions including the direction that in the event of the payment of the dues of CESC Limited in terms of that order the winding up petition shall remain permanently stayed. It may be mentioned that the only matter for decision before the Division Bench was the appeal filed by the appellant CESC Limited. The limited scope of the appeal did not warrant any other direction being made by the Division Bench in that appeal. This appeal by special leave is by CESC Limited. 4. There can be no dispute that the winding up order dated 14.12.1993 not being challenged, it had to be acted upon and in terms thereof the Official Liquidator had already taken possession of the assets of tree company on 10.1.1994. This being so, factually there was no occasion for S.K. Sen, J. to make the order dated 31.3.1994 restraining the Official Liquidator from taking possession of the assets of the company. This being so, factually there was no occasion for S.K. Sen, J. to make the order dated 31.3.1994 restraining the Official Liquidator from taking possession of the assets of the company. That apart, the learned Company Judge, after the making of the winding up order could have made an order of stay only in exercise of the power under Section 466 of the Companies Act. Admittedly, the Company under liquidation could not invoke that provision and no prayer for stay under Section 466 was made by any of the persons empowered by that Section. The order dated 31.3.1994 by S.K. Sen, J. had, therefore, to be set aside in appeal for this reason alone by the Division Bench. The question for granting any further relief and that too in the appeal filed by the CESC Limited, did not arise. 5. For the above reasons, the impugned, order dated 31.3.1994 by S.K. Sen, J. as well as the order dated 11.4.1994 passed by the Division Bench of the High Court are set aside. 6. Consequently, the appeal is allowed in the above terms. No costs.