At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M. JAICHANDREN & THE HONOURABLE MR. JUSTICE M.M. SUNDRESH
For the Appellant: AR.L. Sundaresan, Senior Counsel for AL. Ganthimathi, Advocate. For the Respondents: R1, K. Rajasekaran, R2, K. Moorthy, Advocates.
M.M. Sundresh, J.
1. This appeal has been preferred by the appellant, being aggrieved against the order of the learned Single Judge in Company Application No.132 of 2008 dated 12.2.2013, by which, a clarification has been given to the effect that the earlier order passed in C.P.No.132 of 2008 dated 25.10.2010 should be supposed to be in force.
2. It is seen that the learned Single Judge passed an order earlier, by which, after admitting the petition for winding up, certain directions have been given in the said order dated 25.10.2010. As per the said order, advertisement and publication of the winding up petition was ordered to be published in the Official Gazette of Tamil Nadu and the local dailies.
3. The order of the learned Single Judge was taken on appeal before the Division Bench of this Court in OSA.No.357 of 2010. The Hon'ble Division Bench of this Court, after considering the entire materials, set aside the order of the learned Single Judge. The relevant portion of the order is extracted here under:
"36. For the foregoing reasons, the impugned order dated 25.10.2010 made in C.P.No.132 of 2008 ordering advertisement and publication of the winding up petition in the Official Gazette of Tamil Nadu and local dailies is set aside and the publication are recalled. We request the learned Single Judge to afford opportunity to the appellant to put forth their case and thereafter to consider the matter afresh uninfluenced by the order impugned order or by the observations made in this appeal. The appeal is ordered accordingly. However, there is no order as to costs. Consequently, the connected M.P.No.1 of 2010 is closed."
4. A challenge was made before the Hon'ble Apex Court against the order passed in OSA.No.357 of 2010 by the Division Bench of this Court. Subsequently, the Hon'ble Apex Court in Special Leave Petition No.27709 of 2011 dated 12.04.2013 was pleased to dismiss the same with a request to this Court to finally hear the winding up petition within three months.
5. In view of the above said development, nothing survives for us to decide. However, the order under challenge does not survive for consideration, as the earlier order passed by the Hon'ble Division Bench of this Court in OSA.No.357 of 2010 is automatically revived, in view of the dismissal order passed by the Hon'ble Apex Court.
6. Accordingly, we dispose of this appeal by
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requesting the learned Single Judge to comply with the direction of the Hon'ble Supreme Court, in the light of the earlier order passed in OSA.No.357 of 2010, which has become final between the parties. No costs. Consequently, connected miscellaneous petition is closed.