Oral Judgment: (R.M.S. Khandeparkar, J.)

Heard. Admit. By consent, heard forthwith.

2. By the present appeal, the appellant challenges the order dated 25-1-2007 passed by the Company Judge while disposing the petition in exercise of power under Section 443 of the Companies Act, 1956. The contention of the appellant is that the amount which was deposited in Summary Suit No.1076 of 2004 could not have been allowed to be withdrawn by the Company Judge in the proceedings under the Companies Act.

3. It is not necessary to go into the rival contentions sought to be raised in this regard, suffice to observe that since the amount was directed to be deposited in Summary Suit No.1076 of 2004, it would have been appropriate for the respondent to approach the Court in the said summary suit in case the respondent is desirous of withdrawing the amount rather than inviting an order by the Company Judge. In this view of the matter, the appeal is allowed and the impugned order is set aside with liberty to the respondent to seek withdrawal of the said amount in Summary Suit No.1076 of 2004 by appropriate application. With the said liberty to the respondent, the impugned order is set aside with no order as to costs.