1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. COMPANY APPEAL NO. 4 OF 2011. M/s Mahadeo Land Developers Pvt.Lted.,thr.its Managing Director Pramod Kajodimal Agrawal,Nagpur. .Vrs. Sanjay Bhayyaji Nimbulkar,Nagpur and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr.Shyam dewani,Advocate for Petitioner.) -0-0- CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 23.06.2011 The order dated 08.02.2011, passed on MCA (Review) No.5347 of 2011 is questioned by Company in this appeal, under Section 483 of the Companies Act, 1956. Said review was filed because of liberty granted by this Court in earlier Company Appeal No.1 of 2011 disposed of on 15th March,2011. In that Company appeal challenge was to the order dated 21st December, 2010 passed by learned Company Judge holding the petition under Section 43/44 of Companies Act, 1956 not to be premature 2 and directing the Company to deposit an amount of Rs 50 lacs by 31st June, 2011. After hearing respective Counsel, we find that Company Petition still is not admitted by the learned Company Judge. The contention raised goes to the root of the cognizance being taken and hence we find that same can be raised before the learned Company Judge. Hence with that liberty to appellant we disposed of the Company appeal. Accordingly, the appeal is disposed of. No costs. JUDGE JUDGE scd//