Summarize the following court judgment. Appeal No. 1082 of 1967. Appeal from the judgment and order dated March 7	 1967 of the Delhi High Court in Company Appeal No. 3 of 1967. A. N. Khanna and Harbans Singh	 for the appellant. P. C. Khanna and Maharaj Krishan Chawla	 for the respon dent. The Judgment of the Court was delivered by Shah	 J. The appellants private limited Company is engaged in the manufacture of electric conduit pipes. The respon dent who is a director of the Company presented a petition in the High Court of Delhi under sections 433 and 439 of the 	 for an order for compulsory winding up of the Company. The respondent claimed that it was "just and equitable" within the meaning of section 443(f) of the 	 to make an order for compulsory winding up	 because one of the three factories of the Company had been closed	 that the accounts of the Company were not being shown to the respondent	 that no meeting of the Company had been held	 no balance sheet had been prepared and a letter of resignation purported to be signed 430 431 by the respondent had been forged. On July 18	 1966	 Capoor	 J.	 directed that notice of the petition be issued to the appellant Company. The order has not been formally drawn up	 and it is not clear whether by that order it was intended to call upon the Company to show cause why the petition should not be admitted	 or that by the order the petition was admitted and notice under r. 96 of the Companies (Court) Rules	 1959 was issued. The appellant Company filed its reply controverting the allegations made by the respondent. The Company also filed an application that the winding up petition filed by the respondent be taken off the file and be dismissed and that the petition in the meantime be not advertised. H. R. Khanna	 J.	 held that the appropriate remedy of the respondent on the allegations of mismanagement of the affairs of the Company and oppression of the minority shareholders by the group of Anandi Lal was to file a petition under sections 397 and 398 of the . The learned Judge further held that the petition for winding up was instituted with a view "to unfairly prejudice the interests of the shareholders of the Company"	 respondent having set up a rival factory in the name of his son for manufacturing electric conduit pipes. The learned Judge directed that the petition be not advertised and be. dismissed. In appeal against the order passed by H. R. Khanna	 J.	 the High Court of Delhi held that under the Companies (Court) Rules	 1959	 once a petition is admitted to the file	 the Court is bound forthwith to advertise the petition. The company challenges that order in this appeal. Rule 96 of "The Companies (Court) Rules	 1959" framed by this Court provides : "Upon the filing of the petition	 it shall be posted before the Judge in Chambers for admission of the petition and fixing a date for the hearing thereof and for directions as to the advertisement to be published and the persons	 if any	 upon whom copies of the petition are to be served. The Judge may	 if he thinks fit	 direct notice to be given to the company before giving directions as to the advertisement of the petition. " Rule 24 which relates to advertisement of petitions provides "(1) Where any petition is required to be advertised	 it shall	 unless the Judge otherwise orders	 or these	 Rules otherwise provide	 be advertised not less than fourteen days before the date fixed for hearing	 in one issue of the Official Gazette of the State or the Union Territory concerned	 and in one issue each of a daily newspaper in the English language and a daily newspaper in the regional language circulating in the State or the Union Territory concerned	 as may be fixed by the Judge. 432 (2) Except in the case of a petition to wind up a company	 the Judge may	 if he thinks fit	 dispense with any advertisement required by these Rules. " When a petition is filed before the High Court for winding up of .a company under the order of the Court	 the High Court (i) may issue notice to the Company to show cause why the petition should not be admitted; (ii) may admit the petition and fix a date for hearing	 and issue a notice to the Company before giving directions about advertisement of the petition; or (iii) may admit the petition	 fix the date of hearing of the petition	 and order that the petition be advertised and direct that the petition be served upon persons specified in the order. A petition for winding up cannot be placed for hearing before the Court	 unless the petition is advertised that is clear from the terms of r. 24(2). But that is not to say that as soon as the petition is admitted	 it must be advertised. In answer to a notice to show cause why a petition for winding up be not admitted	 the Company may show cause and contend that the filing of the petition amounts to an abuse of the process of the Court. If the petition is admitted	 it is still open to the Company to move the Court that in the interest of justice or to prevent abuse of the process of Court	 the petition be not advertised. Such an application may be made where the Court has issued notice under the last clause of r. 96	 and even when there is an unconditional admission of the petition for winding up. The power to entertain such an application of the Company is inherent in the Court	 and r. Nothing in these Rules shall be deemed to limit or otherwise affect the inherent powers of the Court to give such direction or pass such orders as may necessary for the ends of justice to prevent abuse of the process of the Court"	 iterates that power. In in re. A. Company(1) it was held that if the petition is not presented in good faith and for the legitimate purpose of obtaining a winding up order	 but for other purpose such as putting pressure on the Company	 the Court will restrain the advertisement of the petition and stay all further proceedings upon it. We may state that the High Court of Punjab in Lord Krishna Sugar Mills Ltd. vs Smt. Abnash Kaur(2) was right in 	observing that the Court in an appropriate case has the power to .Suspend advertisement of a petition for winding up	 pending disposal of an application for revoking the order of admission of the petition	 though we may hasten to state that we cannot agree H.R. Khanna		 J.	 was apparently satisfied that the petition was not a	 bona fide petition and the respondent in presenting (1) (2) A.L.R. 1961 Punjab 505. 433 the petition was acting with ulterior motive and his attempt to obtain an order for winding up was "unreasonable". Before the High Court directed that the petition for winding up be advertised	the High Court was bound to consider whether the view expressed by H. R. Khanna		 J.	 was right. For reasons already set out	 in our judgment	 the High Court erred in holding that a petition for winding up must be advertised even before the application filed by the Company for staying the proceeding for the ends of justice	 or to prevent abuse of the process of the Court. The view taken by the High Court that the Court must	 as soon as the petition is admitted	 advertise the petition is contrary to the plain terms of r. 96. Such a view	 if accepted	 would make the Court an instrument	 in possible cases	 of harassment and even of blackmail	 for once a petition is ad vertised	 the business of the Company is bound to suffer serious loss and injury. The appeal is allowed. The High Court has disposed of the appeal on a ground of procedure and has not considered whether the view of H. R. Khanna	 J.	 that in the exercise of the inherent power for the ends of justice and for prevention of the abuse of the process of Court	 the petition should not be advertised	 is correct. The case is therefore remanded with the direction that the High Court do deal with and dispose of the appeal according to law. There will be no order as to its costs in this Court. The costs in the High Court will be costs in this appeal. Y.P. Appeal allowed.

In an appeal to this Court	 the High Court 's view that on the admission of a petition under sections 433 and 439 of the for compulsory winding up of a company	 the Court is bound forthwith to advertise the petition	 was challenged. Held: A petition for winding up cannot be placed for hearing before the Court	 unless the petition is advertised: that is clear from terms of r. 24(2) of the Companies (Court) Rules	 1959. But that is not to say that as soon as the petition is admitted	 it must be advertised. If the petition is admitted	 it is still open to the company to move the Court that in the interest of justice or to prevent abuse of the process of Court	 the petition be not advertised. Such an application may be made where the Court has issued notice under the last clause of r. 96	 and even when there is an unconditional admission of the petition for winding up. The power to entertain such an application of the company is inherent in the Court and r. 9 iterates that power. [432C F] In re. A. Company applied. Lord Krishna Sugar Mills Ltd.	 vs Smt. Abnash Kaur A.I.R. (1961) Punj. 505 approved.