JUDGMENT By the Court.—This is an intended appeal from an order and judgment of an Hon’ble Single Judge dated 10.1.2006 seeking to wind up the appellant’s Company. There is a delay of thirty five days’ in seeking to prefer the appeal; prayer is made for filing of an opposition. 2. Opposition might be filed within three weeks from the date hereof. Reply within two weeks thereafter. Condonation of delay application along with the appeal for summary disposal will come up thereafter in the list. 3. Although we have not yet entertained the appeal, yet, since there is a likelihood that the appeal might be entertained, an interim order has to be considered since the order attempted to be impugned outright passes the winding up order of the respondent’s Company. The Company allegedly has 300 (Three Hundred) workers. Mr. Vijay Bahadur Singh submitted so. It is well known that if a winding up order is passed, the Official Liquidator becomes immediately entitled to possession of each and every bit of property and assets of the Company including its registered office and all immovable properties also. 4. The statutory notice was, in respect of goods sold and delivered. His Lordship records in the order itself that out of the alleged price of goods of the alleged value of approximately Rs. 60 lacs (Rs. 59,97,979.00), a substantial part has been paid; there is correspondence of the Company stating that although it has paid much the larger part of the price, a sum of Rs. 12,14,505/- is outstanding as, according to the Company, the goods were sub standard. 5. It is well known that unless the debt of the petitioning creditor is undisputed, a winding up petition is not an appropriate remedy. Here the statutory notice was served and a presumption was sought to be raised; such raising of presumption is permissible only in the case of undisputed debts. 6. Moreover, on the hearing of a petitioning creditor in a winding up petition, a winding up order is not immediately passed. The Company Court Rules, 1959 have to be followed. A winding up petition is to be advertised; it is to be made returnable usually not before three weeks after the date of advertisement. Views of creditors and contributories are to be invited. According to the present law, the workers have also a right of appearance and put forward their views. 7. A winding up petition is to be advertised; it is to be made returnable usually not before three weeks after the date of advertisement. Views of creditors and contributories are to be invited. According to the present law, the workers have also a right of appearance and put forward their views. 7. As such, with respect, the winding up order passed at the first hearing requires to be examined a little further. Our order and observations herein are prima facie and without prejudice. 8. Until further orders of Court, the impugned order will remain stayed. Our orders and observations will not, in any manner, prevent the parties from taking steps elsewhere. Without prejudice to the rights and contentions of the petitioning creditor before us, or in this winding up proceeding, the petitioning creditor might even file a suit for recovery, if he is so advised. Order Accordingly. ———