TMI Blog1987 (2) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... an, S.N. Verma and Sharad Verma for the Respondent. JUDGMENT A. Banerji, J. This is an application by the petitioner, Sri Mool Chand Rastogi, for recalling the order dated December 8, 1986, ordering the winding up of the company, M/s. Allodial Chemical Mfg. Co. Pvt. Ltd. The prayer further is that after the above order is recalled, the company petition may be allowed to be withdra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affidavit. A perusal of the compromise application dated January 1, 1987, does not show anywhere that any reference was made to the winding-up order passed by this court. Both the parties, it appears, concealed from the court at Meerut the fact that a winding up order has already been passed by this court. Once a winding up order has been passed in a case, it becomes effective forthwith and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly but the agreement had not been honoured by the respondents. Thereupon, the petitioner filed a suit in the High Court of Delhi which had been decreed on July 15, 1981. The execution of that decree had been transferred to the court at Meerut. Apart from the proceeding in execution to realise the amount, the petitioner had also filed the present winding up petition. The above petition was disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been disclosed to the execution court, it would not have proceeded to pass any order on the compromise application. It is apparent, therefore, that the order on the compromise application has been obtained by concealing a material and relevant fact before the execution court. Having given the matter the consideration it deserves, I am clearly of the view that no case has been made out for recall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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