IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3367 of 2007 Decided on : 26.08.2010 Punjab Alkalies & Chemicals Ltd. ... Appellant versus M/s Him Ispat Ltd. ... Respondent CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present : Mr. Arun Nehra, Advocate for the appellant. Mr. Vikas Sharma, Advocate for the respondent. **** 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? *** RAKESH KUMAR GARG, J. This is plaintiff-appellant's second appeal challenging the judgment and decree of the courts below whereby its suit for recovery was dismissed. It is not in dispute that the respondent-Company went into the liquidation and the same was ordered to be wound up by Company Court, Himachal Pradesh in company petition No.7 of 2001vide order dated 08.11.2001. Company Appeal No.4 of 2001 challenging the aforesaid order was also dismissed. Learned counsel for the appellant has very fairly accepted the legal proposition that the present suit was not maintainable in view of the provisions of Section 446(1) of the Companies Act, 1956 as the same was filed on 22.05.2003 i.e. after the winding up order of the company. RSA No.3367 of 2007 -2- In this view of the matter, the present appeal has no merit and the same is dismissed. However, appellant is at liberty to seek any other appropriate remedy in accordance with law for redressal of his grievance. August 26, 2010 (RAKESH KUMAR GARG) sonia JUDGE