(Order of the Court was made by M.CHOCKALINGAM, J.) This review application has been brought forth by the appellant to review the order of this Court made in OSA No.157 of 2009.
2.This Court while dismissing the appeal has affirmed the order of the learned Single Judge in entirety. At the time when the order was passed by the learned Single Judge, a Provisional Liquidator was appointed by the Court. The appeal was heard, and at the time of dismissal of the appeal, the entire order of the learned Single Judge has been affirmed.
3.Now it is brought to the notice of the Court by the learned Senior Counsel for the petitioner/appellant that the question as to whether the circumstances prevailed for the appointment of the Provisional Liquidator was neither considered by nor addressed before the learned Single Judge, but the appointment was made so, and hence by dismissing the appeal if the entire order order of the learned Single Judge is affirmed, that part of the order pertaining to the appointment of Provisional Liquidator would also become affirmed, and under the circumstances, that part of the order of the learned Single Judge has got to be set aside.
4.The learned Senior Counsel for the respondent while denying all other allegations found in the grounds of the review application, on merits of the matter would sate that as far as the question as to the appointment of the Provisional Liquidator is concerned, it can be left open to be addressed before the learned Single Judge.
5.Under the circumstances, while the order of the learned Single Judge in all other respects except the appointment of the Provisional Liquidator, is affirmed, it is kept open for the parties to put forth their respective submissions before the learned Single Judge in that regard, and the learned Single Judge is also required to consider whether the circumstances are prevailing for appointment of the Provisional Liquidator or not and pass suitable orders thereon. Accordingly, this review application is disposed of. No costs. Consequently, connected MP is closed.
nsv