SUPREME COURT OF
Vijay Kumar Karwa
v.
Official Liquidator, Rohtas Inds. Ltd.
DR. ARIJIT PASAYAT,
C.K. THAKKER AND LOKESHWAR SINGH PANTA, JJ.
CIVIL APPEAL NO. 1661 OF 2008
February 28, 2008
Section 483 of the Companies Act, 1956 -
Winding up - Appeals from orders - Whether High Court is bound to entertain
appeal against order of Single Judge who disposed of it on merit and not
summarily or in limine - Held, yes - Company, having become a sick company was
ordered to be wound up and High Court started process of disposal of its assets
- Appellant filed an application before High Court submitting a proposal for
revival of company, but same was rejected - Division Bench dismissed of
appellant - Summarily appeal without giving any reason or even without
considering desirability of revival - Whether impugned order was to be set
aside and matter was to be remitted to High Court for fresh disposal in
accordance with law - Held, yes