TMI Blog1983 (1) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 306 of 1980 in the High Court of Judicature at Bombay complaining about the oppression by the respondents in their management of the affairs of the first respondent company, Sakal Papers Pvt. Ltd. The matter came up before the learned company judge, who by his judgment and order dated February 2 and 3, 1981, dismissed the petition and directed the petitioners to pay Rs. 10,000 as and by way of costs to the respondents. Petitioners preferred an appeal against the decision of the learned company judge under the Companies Act, 1956. This appeal was placed for admission before a Division Bench of the Bombay High Court and it was dismissed in limine. Appellants have preferred this appeal by special leave against the order dismissing their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ving jurisdiction under this Act shall be: "( a ) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any District Court or District Courts subordinate to that High Court in pursuance of sub-section (2)"..... Section 483 confers the right to appeal and the forum for the same in respect of any order made or decision given, in the matter of the winding up of a company by the High Court having jurisdiction in the matter. The appeal shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which, appeals lie from any order or decision of the court in ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er of course. This court, accordingly, quashed the order dismissing the appeal in limine observing that the appellate court erred in summarily dismissing the appeal, because it was bound to entertain the same and dispose of it on merits. This observation will mutatis mutandis apply to the present appeal. Accordingly, this appeal must succeed on this limited ground. We, accordingly, allow this appeal and set aside the order dismissing the appeal preferred by the present appellants in limine by the Division Bench of the Bombay High Court and remit the case to the appellate Bench for disposal of the same according to law. In other words, the appeal shall not come up for admission but shall be fixed for hearing on merits and be disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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