Dismissed

Vijay Bahadur Singh and Otherts v. U.P. State Cement Corp. Ltd. Thru Official Liquidator and Ors.

Allahabad HC7 Jan 2019SPLA/159/2008

Case brief

AI extract

What is this about?

In Special Appeal No. 159 of 2008, the high court held that a special appeal challenging an order passed by a Single Judge under appellate jurisdiction in a company liquidation matter is not maintainable. The court applied the precedent set in Iqbal Leathers Limited.

What did the court decide?

The special appeal is dismissed as not maintainable. Any interim order stands vacated.

Vijay Bahadur Singh and Otherts Vs U.P. State Cement… — Company and Corporate | Allahabad HC (2019)

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Court No. - 34

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Case :- SPECIAL APPEAL No. - 159 of 2008

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Appellant :- Vijay Bahadur Singh & Otherts Respondent :- U.P. State Cement Corp. Ltd. Thru' Official Liquidator & Ors Counsel for Appellant :- Amit Saxena Counsel for Respondent :- Ashok Mehta,J. Nagar,Jayant Banerji,O.P. Misra,P.N. Tripathi

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Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.

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Heard learned counsel for parties and perused the record.

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Judgment under appeal has been passed by learned Single Judge in Misc. Company Application No. 4 of 1997 in exercise of appellate power under Rule 164 of Companies (Court) Rules, 1959 (hereinafter referred to as "Rules, 1959"), which reads as under:

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" 164. Appeal by creditor— If a creditor is dissatisfied with the decision of the liquidator in respect of his proof, the creditor may, not later than 21 days from the date of service of the notice upon him of the decision of the Liquidator, appeal to the Court against the decision. The appeal shall be made by a Judge's summons, supported by an affidavit which shall set out the grounds of such appeal, and notice of the appeal shall be given to the liquidator. On such appeal, the Court shall have all the powers of an appellate Court under the Code."

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Learned counsel for parties, at the outset, stated that an issue of maintainability of special appeal under Chapter VIII Rule 5 against an order passed by learned Single Judge in exercise of appellate jurisdiction has been considered by a Division Bench of this Court in Iqbal Leathers Limited vs. M/s Unnao Tanneries Pollution Control, 2017(5) ADJ 457 and it has been held that no special appeal under Chapter VIII Rule 5 is maintainable against order of learned Single Judge passed in exercise of appellate jurisdiction. Therein the matter has arisen from an order passed under Section 10F of Companies Act, 1956. In the present case order has been passed under Rule 164 of Rules, 1959 where also learned Single Judge has

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exercised appellate jurisdiction and, therefore, law laid down by Division Bench shall squarely apply in the present case.

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The appeal, therefore, is dismissed as not maintainable. Interim

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order, if any, stands vacated. Order Date :- 7.1.2019 AK

Vijay Bahadur Singh and Otherts v. U.P. State Cement Corp. Ltd. Thru Official Liquidator and Ors.

Case brief

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Vijay Bahadur Singh and Otherts v. U.P. State Cement Corp. Ltd. Thru Official Liquidator and Ors.

Case brief

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