IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 4767   OF 2008

[Arising out of SLP(C) No.21105/2006]

PRATIBHA ... APPELLANT(S) :VERSUS:

THE OFFICIAL LIQUIDATOR OF M/S. VIDARBHA PHARMACEUTICALS PVT. LTD.

... RESPONDENT(S)

O R D E R

Leave granted.

This  appeal  is  directed against  the  judgment and order dated 11.10.2006

passed by the High Court of Judicature at Bombay in Company Appeal No.1 of 2003,

summarily rejecting an appeal filed under Section 483 of the Companies Act, 1956,

stating :

“In view of the affirmation of the impugned order by the Hon'ble

Apex Court in C.A.No. 1156/2006 in the case of Avinash Hansraj

Gajbhiye  vs.  Official  Liquidator,  we  do  not  find  any  reason   to

entertain  this  appeal.  The  appeal  is  dismissed  in  limine  with  no

order as to costs.”  

Civil Appeal No. 1106/2006, referred to in the impugned order of the High

Court, was filed by one Shri Avinash Hansraj Gajbhiye.  Only because the appeal

preferred by  another Director of  M/s. Vidarbha  Pharmaceuticals  Pvt.  

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Ltd.  had  been  dismissed,  in  our  opinion,  the  Division  Bench  of  the  High  Court

committed a serious error in dismissing the appeal of the appellant; particularly when

according  to  the  appellant,  although  she  was  appointed  a  Director  of  the  said

company on 8.8.1978, she resigned from the said post in the year 1986 itself; whereas

the default on the part of the Company took place in the year 1990.   

It  furthermore  appears  that  the  appellant  had  filed  her  reply  in  the

proceedings in the year 1995 and as her Advocate had expired in 1996 she did not

receive any notice from the High Court and an ex-parte order passed in the year 1999.

An application for recalling of the said ex-parte order was rejected by the High Court

without considering these facts.  

For the reasons aforementioned, we set aside the impugned judgment and

remand the matter back to the Division Bench of the High Court for consideration of

the matter afresh on merit.

The appeal is disposed of accordingly.  

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH) NEW DELHI, AUGUST 1, 2008.