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CASE NO.: Appeal (civil)  4032 of 2002

PETITIONER: M/S. Pennar Paterson Ltd

RESPONDENT: M/s.Shikshak Sahakari Bank Ltd

DATE OF JUDGMENT: 29/04/2008

BENCH: Tarun Chatterjee & Harjit Singh Bedi

JUDGMENT: JUDGMENT O R D E R  CIVIL APPEAL NO.4032 OF 2002

        In this appeal, the appellant \026 M/s. Pennar  Paterson Ltd. calls in question whether the  expression "other legal proceedings" occurring in  Section 446(1) of the Companies Act, 1956 includes  criminal proceedings or not. The High Court by the  impugned order has held that it does not, relying  on a decision of this Court in the case of M/s. BSI  Ltd. & Anr. vs. Gift Holdings Pvt. Ltd.& Anr. Etc.  [AIR 2000 SC 926].  The question involved in this  appeal is also covered by the aforesaid decision  relied on by the High Court. We do not find any  merit in this appeal. The learned counsel appearing  for the appellant also could not satisfy us nor  could he distinguish the decision relied on by the  High Court. Since the question is covered by the  aforesaid decision of this Court, we do not find  any merit in this appeal. Accordingly the appeal is  dismissed with no order as to costs.