Pratibha Vs. Official
Liquidator, M/S.Vidarbha P.P.Ltd [2008] INSC 1278 (1 August 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 4767 OF 2008 [Arising out of SLP(C)
No.21105/2006] PRATIBHA ... APPELLANT(S) :VERSUS:
ORDER
Leave granted.
This appeal is
directed against the judgment and order dated 11.10.2006 passed by the High
Court of Judicature at Bombay in Company Appeal No.1 of 2003, summarily
rejecting an appeal filed under Section 483 of the Companies Act, 1956, stating
:
"In view of the
affirmation of the impugned order by the Hon'ble Apex Court in C.A.No.
1156/2006 in the case of Avinash Hansraj Gajbhiye vs. Official Liquidator, we
do not find any reason to entertain this appeal. The appeal is dismissed in
limine with no order as to costs."
Civil Appeal No.
1106/2006, referred to in the impugned order of the High Court, was filed by
one Shri Avinash Hansraj Gajbhiye. Only because the appeal preferred by another
Director of M/s. Vidarbha Pharmaceuticals Pvt.
Ltd. had been
dismissed, in our opinion, the Division Bench of the High Court committed a
serious error in dismissing the appeal of the appellant; particularly when
according to the appellant, although she was appointed a Director of the said
company on 8.8.1978, she resigned from the said post in the year 1986 itself;
whereas the default on the part of the Company took place in the year 1990.
It furthermore
appears that the appellant had filed her reply in the proceedings in the year
1995 and as her Advocate had expired in 1996 she did not receive any notice
from the High Court and an ex-parte order passed in the year 1999.
An application for
recalling of the said ex-parte order was rejected by the High Court without
considering these facts.
For the reasons
aforementioned, we set aside the impugned judgment and remand the matter back
to the Division Bench of the High Court for consideration of the matter afresh
on merit.
The appeal is
disposed of accordingly.
..........................J
(S.B. SINHA)
..........................J
(CYRIAC JOSEPH)
NEW
DELHI, AUGUST 1, 2008
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