Aryan Fine Fab Ltd. and P.D. Rai Vs. Commissioner of Central Excise - Court Judgment

Excerpt:
1. the appellant company has been ordered to be wound up by order of the hon'ble gujarat high court dated 24.4.2001 in company petition no.94 of 1996 and the official liquidator attached to the hon'ble gujarat high court appointed liquidator under the companies act, 1956. on record, there is a letter from the official liquidator requesting leave to be obtained under section 446(1) of the companies act to make the official liquidator party to the proceedings. rule 22 of cegat procedure rules provides that where in any proceedings, the appellant is a company which is wound up, the appeal shall abate unless an application is made for continuation of proceedings by the liquidator.however, the official liquidator appointed by the hon'ble gujarat high court is required to make the necessary application for pursuing the above appeal, failing which the appeal filed by the company will abate.2. registry is directed to send copy of this letter to the official liquidator of the hon'ble gujarat high court at the address given in the letter dated 17.9.2001 3. the application filed by the director of the company is also ad journed. both appeals to come up on 29.1.2002. applicant no. 2 has to file sufficient copies of relevant extracts of rg-1 register.

Judgment:
1. The Appellant Company has been ordered to be wound up by Order of the Hon'ble Gujarat High Court dated 24.4.2001 in Company Petition No.94 of 1996 and the Official Liquidator attached to the Hon'ble Gujarat High Court appointed Liquidator under the Companies Act, 1956. On record, there is a letter from the Official Liquidator requesting leave to be obtained under Section 446(1) of the Companies Act to make the Official Liquidator party to the proceedings. Rule 22 of CEGAT Procedure Rules provides that where in any proceedings, the Appellant is a Company which is wound up, the appeal shall abate unless an application is made for continuation of proceedings by the Liquidator.

However, the Official Liquidator appointed by the Hon'ble Gujarat High Court is required to make the necessary application for pursuing the above appeal, failing which the appeal filed by the Company will abate.

2. Registry is directed to send copy of this letter to the Official Liquidator of the Hon'ble Gujarat High Court at the address given in the letter dated 17.9.2001 3. The application filed by the Director of the Company is also ad journed. Both appeals to come up on 29.1.2002. Applicant No. 2 has to file sufficient copies of relevant extracts of RG-1 Register.