falsehood of the statement made by the appellant on
7th July 2017, the learned Company Judge recalled the
order dated 5th February 2015 on the ground that the
appellant made a wrong statement. The order dated
7th July 2017 which we have quoted above has become
final. In fact, the obligation of the appellant was
to immediately file an affidavit after the order
dated 7th July 2017 was passed explaining as to why
such a false statement was made in the Company
Petition. No order of the Company Judge was
necessary for the appellant to file an affidavit
clarifying the reasons for making a false statement.
Nothing was done by the appellant for a period of
about one year and therefore, the order dated 22nd
June 2018 was passed. In fact, paragraph 4 of the
order itself is self operative which records that
if the affidavit is not filed by 3rd July 2018, the
Company Petition will stand dismissed for non
prosecution without further reference to the Court.
The appellant did not apply for extension of time in
writing. The appellant did not challenge the order
dated 22nd June 2018. On 9th July 2018, when the
impugned order dismissing the Company Petition was
passed, the petition already stood dismissed in view
of the self operative order. Moreover, even while
passing the order dated 7th July 2017, after noticing
the suppression of material facts by the appellant,
the learned Company Judge could have dismissed the
petition for winding up. However, leniency was shown
on 7th July 2017 as well as on 22nd June 2018.
