P. R. Packagings Limited v. Alfa Bearings (India) Private Ltd.
2005-03-22
S.K.KESHOTE
body2005
DigiLaw.ai
Judgment S.K. Keshote, J.-The matter is placed on the application filed by the respondent Company M/s Alfa Bearings (India) Private Limited, under Rule 9 of the Companies (Court) Rules, 1959. 2. The respondent company was ordered to wound up vide order dated 12.2003; against which the respondent company filed D.B. Civil Special Appeal No. 99/2003. 3. The appeal aforesaid was disposed of by the Division Bench vide its order dated 10.3.2004; in pursuance of the direction of the Division Bench the notice was published in the newspaper about recalling of the winding-up order dated 14th of February, 2003. It is submitted that more than three months have been passed after publication of notice but nobody has raised any objection or claim regarding recalling of the winding-up order. The grievance of the applicant is that though in view of the order dated 10.3.2004 of the Division Bench the winding-up order of the respondent Company stood recalled but the Official Liquidator has neither removed the locks nor handed over the possession to the applicant of the unit of the Company. The applicant moved the Division Bench by filing D.B. Civil Miscellaneous Application No. 104/2004 and same has been disposed of under the order dated 211.2004, which reads as under:- "We have already disposed of the appeal on 10.3.2004. No further direction/order need be passed by this bench. The application stands disposed of accordingly." 4. In the facts of this case I am satisfied that under the order dated 10.3.2004 of the Division Bench the winding-up order stands recalled and nothing is to be done by the Company Court in the matter. 5. In the result the application succeeds and the same is allowed. The Official Liquidator is directed to give forthwith the possession of the entire unit of the Company and other assets thereof which have been taken possession, to the respondent Company through its Director Mr. Balishter Singh son of Mr. Preetam Singh.