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1970 (12) TMI 60 - SUPREME COURTWhether the appellant was not entitled to file an appeal against the order of the company judge directing sale of leasehold rights of the Golcha Properties (P.) Ltd. (in liquidation) in the land belonging to the appellant? Held that:- The exercise of the power under section 457(1)(c) of the Act to sell the immovable and movable property of the company by public auction or private contract would certainly fall within the ambit of the rule 103 of the Companies (Court) Rules, 1959 which expressly provides for issuing of a notice of the summons to the petitioner on whose petition the order for winding up was made. It is implicit that if the directions which have to be given by the court would affect any person prejudicially he must be served with a notice of the summons under the general rule of natural justice and that no order should be made affecting the rights of a party without affording a proper opportunity to it to represent its case. The High Court was thus clearly in error in not entertaining and deciding the appeal preferred by the appellant who was the owner of the land in which leasehold rights said to have been created by her in favour of the company in liquidation were sought to be sold. Appeal allowed.
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