TMI Blog1970 (3) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... ts behalf. It is clear that appeals other than those mentioned therein are not to be placed for admission. In other words, they are entitled to be admitted as a matter of course. Therefore, the appellate Bench erred in summarily dismissing the appeal. It was bound to entertain the appeal and dispose of the same on merits. Appeal allowed. - 2408 OF 1969 - - - Dated:- 5-3-1970 - J.C. SHAH, K.S. HEGDE AND A.N. GROVER, JJ. JUDGMENT Hegde, J. This is an appeal by special leave. It arises from the decision of the appellate Bench of the Bombay High Court in Appeal No. 113 of 1969 on its file. That appeal was directed against the order made by Kantawala J. in Company Petition No. 100 of 1969, a petition made by the Registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory orders." As against that order the appellant has brought this appeal after obtaining special leave from this court. The learned Attorney-General, who appeared for the respondent, urged that the appellant's appeal before the Bombay High Court was not maintainable and therefore we should reject this appeal. According to him the order made by Kantawala J. was an interim order and such an order is not appealable under section 483 of the Companies Act which provides for an appeal from any order made or decision given in the matter of winding up a company by the company court. The question whether the order directing advertisement of a winding up application is an appealable order under section 202 of the Indian Companies Act, 1913, a pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be filed along with the memorandum. Rule 966A prescribes: "In the following cases the appeal shall be placed, in the first instance, for admission before a Bench of the High Court to be appointed by the Chief Justice: (1)An appeal from an order summarily rejecting a writ petition under article 226 of the Constitution; (2)An appeal from an order on an interlocutory application by way of notice of motion or chamber summons; and (3)An appeal from an order on a summons for judgment in a summary suit. If the appeal is admitted, then the provisions hereinafter contained with regard to appeals shall apply to such appeal." From this rule it is clear that appeals other than those mentioned therein are not to be placed for admission. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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