IN THE HIGH COURT OF JUDICATURE AT PATNA COMPANY APPEAL No.9 of 2009 Bihar State Small Industries Corporation Ltd. Patna through its Managing Director. ....... Appellant. Versus The objector employees. Stanjit Choudhary, Secretary of employees of Bihar State Small Industries Corporation Ltd.,, Ram Charitar Singh Path, 3rd Floor, Patna-800001. .... Respondent. ----------- 07- 4.3.2010 Heard learned counsel for the parties. Learned counsel for the appellant presses I.A. No.1788 of 2009, under the provisions of Section 5 of the Limitation Act. In the facts and circumstances stated in this application, we hereby condone the delay in filing the appeal. I.A. No.1788 of 2009 is accordingly allowed. 2. This appeal under section 483 of the Companies Act 1956 (hereinafter referred to as the ‘Act’) raises a grievance with respect to the order dated 26.7.2007, passed by the learned Company Judge, in Company Petition No.5 of 1999 (Re: Bihar State Small Industries Corporation Limited), and analogous petitions, whereby the company petitions for winding-up of the Corporation in question have been rejected. The order has given rise to various appeals in this Court including the present one. The remaining appeals have been allowed by a Division 2 Bench of this Court by order dated 18.01.2008, whereby Company Appeal No.5 of 2007, Company Appeal No.6 of 2006, Company Appeal No.7 of 2006, and Company Appeal No.8 of 2006, have been allowed, and the company petitions have been remitted back to the learned Company Judge for a fresh decision in accordance with law. 3. Learned counsel for the parties submit in one voice that the present appeal is squarely covered by the order dated 18.1.2008. In that view of the matter, we disagree with the order of the learned Single Judge, the appeal is allowed, and is disposed of in terms of the order dated 18.1.2008, passed in Company Appeal No.5 of 2007. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/